-NRLF 


i 


4??*C 


University  of  California. 

FROM    THE    LIBRARY    OF 

DR.     FRANCIS     LIEBER, 
Professor  <»f  History  and  Law  in  Columbia  College,  New  York. 


THE  niFT  O^ 

MICHAEL    REESE, 

Of  San  Francisco. 
1S73. 


->*<] 


• 


in  2007  with  funding  from 
Microsoft  Corporation 


http://www.archive.org/details/elementarycatechOOstanrich 


ELEMENTARY  CATECHISM 


ON  THE 


CONSTITUTION 


UNITED    STATES. 


FOR  THE   USE   OF   SCHOOLS. 


BY  ARTHUR  J.  STANSBURW 


BOSTON: 

HILLIARD,  GRAY,  LITTLE,  AND  WlLKfNS 
1828. 


^ 


<o 


8 


DISTRICT  OF  MASSACHUSETTS,  TO  WIT : 

District  Clerk's  Office. 

BE  IT  REMEMBERED,  that  on  the  3d  day  of  November,  A.  D.  1827, 
-aid  in  the  fifty-second  year  of  the  Independence  of  the  United  States  of 
America^  Hilliord,  Gray,  Little,  and  Wilkins,  of  the  said  district,  have  de- 
posited in  this  office  the  title  of  a  book,  the  right  whereof  they  claim  as  pro- 
prietors, in  the  words  following,  to  wit  : 

u  Elementary  Catechism  on  the  Constitution  of  the  United  States.  For 
she  Use  of  Schools.     By  Arthur  J.  Stansbury." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled  u  An 
act  for  the  encouragement  of  learning,  by  securing  the  copies  of  maps,  charts, 
ind  books,  to  the  authors  and  proprietors  of  such  copies  during  the  times 
(herein  mentioned ;"  and  also  to  an  act,  entitled  "  An  act  supplementary  to 
an  act,  entitled,  *  An  act  for  the  encouragement  of  learning,  by  securing  the 
copies  of  maps,  charts,  and  books,  to  the  authors  and  proprietors  of  such 
copies,  during  the  times  therein  mentioned ?  and  extending  the  benefits 
thereof  to  the  arts  of  designing,  engraving,  and  etching  historical  and  other 
prints." 

JNO.  W.  DAVIS, 
Clerk  of  the  District  fifffiassacliUsMs, 


J.  B.  Russell,  Printer. 


PREFACE. 

That  a  people  living  under  a  free  government 
which  they  have  themselves  originated  should 
be  well  acquainted  with  the  instrument  which 
contains  it,  needs  not  to  be  proved.  Were  the 
system,  indeed,  very  cumbrous  and  extensive, 
funning  into  minute  detail,  and  hard  to  be  re- 
tained in  the  memory,  even  this  would  be  no 
good  reason  why  pains  should  not  be  taken  to 
understand  and  to  imprint  it  upon  the  mind ; 
but  when  its  principles  are  simple,  its  features 
plain  and  obvious,  and  its  brevity  surpassing 
all  example,  it  is  certainly  a  most  reprehensi- 
ble negligence  to  remain  in  ignorance  of  it. — 
Yet  how7  small  a  portion  of  the  citizens  of  thh: 
Republic  have  even  a  tolerable  acquaintance 
with  their  own  Constitution  ?  It  has  appear- 
ed to  the  author  of  the  following  sheets  thai 
this  culpable  want  of  acquaintance  with  what 
is  of  such  deep  interest  to  us  all,  is  to  be  traced 
to  the  omission  of  an  important  part  of  what 
ought  to  be  an  American  education,  viz.  the 
study  of  the  civil  institutions  of  our  country.— 
We  prize  them,  it  is  true,  and  are  quite  enough 
in  the  habit  of  boasting  about  them  :  would  it 


jjot  be  well  to  teach  their  elements  to  those 
whose  best  inheritance  they  are  ? 

The  following  work  has  been  prepared  with 
t  view  to  such  an  experiment.  It  is^wrritten 
expressly  for  the  use  of  boys,  and  it  has  been 
the  aim  and  effort  of  the  writer  to  bring  down 
the  subject  completely  to  a  level  with  their  ca- 
pacity to  understand  it.  Whether  he  has  suc- 
ceeded the  trial  must  show.  He  has  purpose- 
ly avoided  all  abstruse  questions,  and  has  con- 
fined himself  to  a  simple,  common-sense  ex- 
planation of  each  article.  It  is  very  possible 
some  inaccuracies  may  be  discovered  ;  and 
should  this  be  the  case,  they  shall  be  carefully 
corrected,  should  the  work  be  so  far  approved 
as  to  reach  another  edition. 

In  the  mean  time  he  cannot  but  indulge  the 
hope,  that  in  laying  this  little  offering  upon  the 
altar  of  our  country,  he  has  rendered  her  an 
acceptable  service. 


ELEMENTARY  CATECHISM, 


Question.  In  what  country  do  you  live  ? 

Answer.  In  the  United  States  of  America. 

Q.  Why  is  this  country  called  the  United  States  r 

A.  Because  it  is  made  up  of  a  number  of  States  whicL 
were  once  separate,  but  afterwards  agreed  to  unite  to- 
gether. 

Q.  What  do  you  mean  by  a  State  ? 

A.  I  mean  any  district  of  country  whose  people  art 
all  under  one  government. 

Q.  Had  then  the  different  States  which  united  to* 
gether,  each  a  government  of  its  own  ? 

A.  Yes  ;  but  they  agreed  to  put  themselves  all  unde* 
one  general  government. 

Q.  Why  did  they  do  this  ? 

A.  Because  it  would  promote  their  general  welfare-. 

Q.  Is  some  government  necessary  in  every  country  I 

A.  Certainly ;  without  it  nobody  would  be  safe :  not 
only  our  property,  but  our  lives  would  be  in  danger. 

Q.  Cannot  all  the  people  of  a  country  govern  them- 
selves ? 

A.  If  every  man  was  perfectly  virtuous,  and  knew 
what  would  be  best  for  himself  and  others,  they  might. 
But  this  is  far  from  being  the  case  ;  and  therefore  the 
geople  of  every  country  are  and  must  be  governed  > 

<£,  How  is  this  done  ? 
1* 


ei.  Laws  are  made  which  all  must  obey  ;  whoever 
disobeys  them  is  punished. 

Q.  Who  makes  these  laws  ? 

A.  They  are  made  in  different  ways,  under  different 
governments.  In  some  countries  a  single  man  make* 
the  laws  according  to  his  own  pleasure. 

Q.  What  is  such  a  government  called  ? 

A.  A  Despotism,  or  absolute  monarchy  :  and  the 
person  who  thus  rules  is  a  Despot,  or  absolute  monarch. 

In  other  states  a  certain  number  of  persons  belonging 
to  ancient  or  wealthy  families  make  the  laws. 

Q.  What  is  such  a  government  styled  I 

A.  An  Aristocracy  or  oligarchy. 

In  other  cases  the  people  themselves  meet  to  make 
the  laws.     This  is  called  a  pure  Democracy. 

Q.  A  state  must  be  very  small  where  all  the  people 
can  meet  in  one  assembly. 

A.  This  form  of  government  is  only  suited  to  a  small 
city,  or  rather  village,  and  can  never  take  place  in  a  state 
of  any  extent.  One  other  form  remains  ;  that  is,  where 
the  people,  too  numerous  to  meet,  themselves,  choose 
certain  of  their  own  number  to  meet  for  them.  This  is 
called  a  representative  government,  because  those 
who  meet  represent  all  the  rest.  It  is  also  called  a  re- 
public. 

Q.  Which  of  these  ways  of  governing  a  nation  is  the 
best  f 

A.  The  last.  A  country  thus  ruled  is  said  to  be  free, 
or  to  enjoy  liberty  :  but  where  a  single  man  may  make 
what  laws  he  pleases,  and  all  the  rest  must  obey  him,  the 
people  are  no  better  than  slaves. 

Q.  Why  do  they  obey  him  ? 


7 

A.  Because  he  has  an  army  of  soldiers  whom  fefc 
pays,  and  who  force  the  people  to  obedience. 

Q.  Cannot  they  raise  an  army  too,  and  resist  him  ? 

A.  This  has  sometimes  been  done,  and  after  much 
bloodshed  and  confusion,  the  people  have  partially  suc- 
ceeded ;  but  they  have  more  frequently  failed,  and  then 
they  were  more  oppressed  than  before. 

Q.  How  is  this  country  governed  ? 

A.  It  is  a  Republic,  and  is  governed  by  persons  whom 
the  people  choose  from  time  to  time  to  make  the  laws. 

(j>.  Was  it  always  a  Republic  ? 

A*  No.     The  states  were  formerly  Colonies, 

Q.  What  do  you  mean  by  Colonies  ? 

A.  When  a  part  of  the  people  of  a  nation  remove  to 
some  distant  place,  where  they  settle,  but  still  continue 
to  be  governed  by  the  nation  from  which  they  came  out, 
these  new  settlements  are  called  Colonies,  and  the  coun- 
try which  governs  them  is  called  the  mother  country. 

<j>.  By  what  nation  were  the  American  Colonies  gov- 
erned ? 

A.  By  Great  Britain.  Most  of  the  people  who  first 
settled  this  country  came  from  England,  Scotland  or 
Ireland,  (which  three  countries  make  up  Great  Britain) 
and  long  after  they  had  settled  here,  continued  to  be  gov- 
erned by  lawTs  most  of  which  were  made  in  England. 

Q.   Were  these  laws  good  and  wise  ? 

A.  Many  of  them  were ;  and  for  a  time  the  colonies 
were  perhaps  better  off  than  if  they  had  entirely  govern- 
ed themselves,  because,  though  Great  Britain  did  rule 
them,  she  also  gave  them  protection  by  her  fleets,  and 
did  many  things  for  their  advantage.  But  afterwards 
very  unwise  and  unjust  laws  were  made,  and  such  as 
threatened  to  destroy  all  liberty  in  the  colonies. 


8 

Q.  What  did  the  colonies  do  then  ? 

A.  They  made  complaints,  and  reasoned  for  a  long 
time  with  Great  Britain,  trying  to  persuade  her  to  act 
more  justly. 

Q.  Did  Great  Britain  listen  to  their  complaints  and 
repeal  those  bad  laws  ? 

A,  No — but  instead  of  that  sent  over  ships  and  sol- 
diers to  force  us  to  obey  them. 

<£.  And  did  we  obey  ? 

A.  No ;  the  people  of  the  colonies  consulted  with  each 
other  what  was  to  be  done,  and  at  length  took  up  arms, 
raised  such  armies  as  they  could,  and  though  they  had 
few  soldiers,  no  experienced  officers,  and  but  little  mon- 
ey, they  carried  on  a  war  against  the  whole  power  of 
Great  Britain,  and  having  (with  aid  from  France)  forced 
two  British  armies  to  lay  down  their  arms  and  surrender 
themselves  prisoners,  they  at  length  compelled  Great 
Britain  to  acknowledge  their  independence, 

Q.  What  do  you  mean  by  that  ? 

A.  I  mean  that  she  was  compelled  to  consent  that  all 
ihose  colonies,  which  had  before  been  governed  by  laws 
made  for  them  by  her,  should  after  that  have  liberty  to 
make  laws  for  themselves,  and  obey  her  no  more. 

Q.  When  we  speak  of  this  war,  what  do  we  call  it  ? 

A.  We  call  it  the  American  Revolution. 

Q.  What  do  you  mean  by  a  Revolution  ? 

A.  A  revolution  means  some  great  change  of  gov- 
ernment ;  and  we  ought  ever  to  remember  ours  with  ar- 
dent gratitude  to  God  for  so  great  a  blessing,  and  with 
lasting  love  and  reverence  for  those  good,  wise,  and 
brave  men,  who  went  through  such  dangers  and  suffer- 
ings  that  their  country  might  be  free. 


<£.  When  and  where  did  the  war  of  die  revolution  be- 
gin ? 

JL.  At  Lexington  and  Concord,  villages  near  Boston 
in  Massachusetts,  on  the  19th  of  April,  1775. 

Q.  How  long  did  the  struggle  continue  ? 

Jl.  More  than  seven  years. 

Q.  When  did  it  end  ? 

Jl.  On  the  21st  of  January,  1783 — when  a  treaty  was 
signed  at  Paris  acknowledging  the  independence  of  the 
United  States. 

Q.  Why  is  the  4th  of  July  kept  with  such  public  re- 
joicing through  all  parts  of  the  United  States  ? 

Jl.  Because  on  the  4th  of  July  1776  the  Colonies 
first  declared  themselves  free  and  independent  $  from 
that  day  the  independence  of  the  country  is  reckoned  in 
all  our  public  proceedings ;  though  it  was  not  acknowledg- 
ed by  Great  Britain  till  1783. 

Q.  What  was  the  change  produced  by  the  Revolu- 
tion ? 

A .  The  different  Colonies  became  each  a  free  state, 
having  power  to  govern  itself  in  any  way  it  should  think 
proper. 

Q.  Had  not  one  state  any  power  over  the  other  ? 

Jl.  None  at  all — and  the  several  states  might  have  re- 
mained entirely  distinct  countries,  as  much  as  France 
and  Spain. 

q.  Did  they? 

Jl.  No.  Having  been  led  to  unite  together  to  help 
each  other  in  the  war,  they  soon  began  to  find  that  it 
would  be  much  better  for  each  of  them  that  they  should 
all  continue  united  in  its  farther  prosecution,  and  accord- 
ingly they  entered  into  an  agreement  (which  was  called 


10 

a  Confederation)  in  which  they  made  some  laws  which 
they  all  agreed  to  obey ;  but  after  their  independence 
was  obtained,  finding  the  defects  of  this  plan,  they  called 
a  Convention  in  which  they  laid  a  complete  plan  for  unit- 
ing all  the  states  under  one  General  Government — this 
plan  is  called  The  Federal  Constitution.  On  this 
great  plan,  or  Constitution  the  safety  and  happiness  of 
the  United  States  does,  under  Almighty  God,  mainly  de- 
pend :  all  our  laws  are  made  by  its  direction  or  authori- 
ty;  whoever  goes  contrary  to  it  injures  and  betrays  his 
country,  injures  you,  injures  me,  betrays  us  all,  and  is 
deserving  of  the  heaviest  punishment.  Whoever,  on  the 
contrary,  loves  and  keeps  it  sacred,  is  his  country's  friend, 
secures  his  own  safety,  and  farthers  the  happiness  of  all 
around  him.  Let  every  American  learn,  from  his  earliest 
years,  to  love,  cherish  and  obey  the  Constitution.  With- 
out this  he  can  neither  be  a  great  or  a  good  citizen  ;  with 
out  this  his  name  will  never  be  engraved  with  honor  in 
the  pages  of  our  history,  nor  transmitted,  like  that  of 
Washington,  with  praises  and  blessings  to  a  late  posterity. 

Q.  You  say  that  in  a  republic  the  laws  are  made  by 
certain  persons  whom  the  people  choose  for  that  pur- 
pose : — who  make  the  laws  in  our  republic  ? 

A.  The  laws  which  concern  only  one  of  the  states  are 
made  by  persons  chosen  by  the  people  of  that  state,  and 
who,  when  met,  are  called  the  Legislature,  the  General 
Assembly,  or  the  General  Court,  of  that  particular  state. 
Those,  for  instance,  who  make  laws  which  concern  only 
the  state  of  New  York,  are  called  the  Legislature  of  the 
state  of  New  York  ;  those  who  make  laws  which  concern 
only  the  state  of  Massachusetts,  are  called  the  General 
Court  of  Massachusetts. 


11 

But  laws  which  concern  all  the  states  or  more  states 
than  one  are  made  by  the  Congress  of  the  United 
States. 

Q.  But  if  even  the  Congress  itself  should  make  a  law 
which  is  contrary  to  the  Constitution,  must  the  people 
obey  it  ? 

A.  No. 

(j>.  Who  is  to  determine  whether  any  law  is  contrary 
to  the  Constitution  or  no,  the  people  themselves  ? 

A.  No  :  but  certain  persons  whom  they  have  appoint- 
ed, [called  Judges  of  the  Supreme  Court  of  the  United 
States.] 

Q.  Do  the  members  of  the  Congress  of  the  United 
States  all  meet  together  in  one  assembly,  when  they 
make  the  laws  ? 

A.  No :  they  meet  in  two  separate  assemblies,  one  of 
which  is  called  The  Senate,  and  the  other  i£  called 
The  House  of  Representatives. 

Q.  Who  choose  the  persons  who  shall  be  members 
©f  the  House  of  Representatives  ? 

A.  The  people  of  all  the  different  states  :  because  the 
laws  of  Congress  concern  all  the  states,  and  must  be 
obeyed  by  all  the  people  of  this  Republic. 

Q.  Have  boys  a  right  to  choose  them  ? 

A.  No  :  boys  are  too  young. 

Q.  Are  any  other  persons  unfit  ? 

A.  Yes. 

Q.  How  is  it  determined  who  may,  and  who  may  not 
choose  them  ? 

A.  By  the  laws  of  each  state. — Whoever  is  allowed 
to  choose  the  members  of  the  Legislature  of  any  state,  is 
also  allowed   by  the  Constitution  to  choose  members  of 


12 

the  House  of  Representatives  of  the  United  States.-— 
Some  states  allow  one  class  of  persons  to  choose  and 
other  states  allow  a  different  class — each  state  acts  as  it 
thinks  best.     This  choice  is  called  an  Election. 

Q.  How  is  it  conducted. 

A.  On  a  day  fixed  before  hand,  and  publicly  known, 
the  people  who  are  to  choose,  and  who  are  called  voters, 
meet  at  certain  places  called  the  Polls :  here  persons  sit 
called  Inspectors,  who  have  certain  boxes  called  ballot 
boxes  before  them,  and  each  person  who  votes  puts  into 
a  hole  in  the  top  of  these  boxes  a  piece  of  paper  with  the 
names  of  the  persons  whom  he  chooses  written  or  print- 
ed on  it.  These  pieces  of  paper  are  afterwards  exam- 
ined and  counted  by  the  Inspectors,  who  keep  a  written 
account  of  the  names  voted  for,  and  the  number  of  votes 
given  by  the  people  for  each. 

The  persons  having  the  greatest  number  of  votes  are 
chosen.  There  are  some  slight  differences  in  the  mode 
of  holding  elections  in  the  different  states,  but  it  is  the 
same  in  every  important  particular. 

Q.  Are  the  times,  places,  and  manner  of  holding  these 
elections  fixed  by  Congress  ? 

A.  No :  They  have,  thus  far,  been  left  to  be  regulat- 
ed by  each  state  for  itself,  but  Congress  may  fix  them  if 
it  thinks  fit. 

Q.  Suppose  a  dispute  should  arise  concerning  an 
election,  and  one  person  shall  declare  that  he  has  been 
fairly  chosen,  while  another  denies  it,  and  insists  that  he 
himself  has  been  chosen  ;  who  has  power  to  settle  the 
dispute? 

A.  A  dispute  between  persons  who  claim  a  seat  in 
the  House  of  Representatives  can  be  determined  only  by 


13 

the  House  of  Representatives  ;  a  dispute  between  persons 
claiming  a  seat  in  the  Senate  can  be  settled  by  the  Sen- 
ate only.     Such  disputes  frequently  arise. 

Q.  When  a  person  is  chosen  to  be  a  Member  of  the 
House  of  Representatives,  how  long  does  he  continue  so  ? 

A.  For  two  years. 

Q.  When  the  two  years  have  expired,  may  he  be 
chosen  again  I 

A.  Yes. 

Q.  Suppose  he  dies  before  the  time  is  out  ? 

A.  Another  is  chosen  in  his  stead,  for  the  rest  of  the 
time. 

Q.  How  old  must  a  person  be  before  he  can  be  cho- 
sen a  Member  of  the  House  of  Representatives  ? 

A.  Twenty-five  years  old. 

Q.  May  a  person  be  chosen  who  has  just  come  into 
the  United  States,  and  who  is  a  subject  of  some  other 
country  (that  means,  who  is  bound  to  obey  the  laws 
of  some  other  country)  ? 

A.  No.  Any  person,  to  be  chosen  a  Member  of  our 
House  of  Representatives,  must  either  have  been  born 
in  the  United  States,  or  must  have  been  naturalized 
seven  years  before  he  is  chosen. 

Q.  Naturalized  ?     What  does  that  mean  ? 

A.  A  person  who  was  born  in  another  country  and 
comes  to  live  in  this,  is  not  owrned  as  a  citizen  of  the 
United  States  till  he  has  lived  among  us  a  certain  time ; 
and  then,  (after  knowing  something  of  our  laws  and  cus- 
toms), has  taken  a  solemn  oath  to  obey  the  government. 
He  is  then  admitted  as  a  citizen  of  our  republic.  This 
2 


14 

is  called  his  naturalization  ;  and  when  once  naturaliz- 
ed, he  is  allowed  to  choose  the  rulers,  and  do  all  other 
things,  the  same  as  if  he  had  been  born  among  us. 

<j>.  May  the  people  of  one  State  choose  a  person  who 
is  an  inhabitant  of  another  State  to  be  a  Member  of  the 
House  of  Representatives  ? 

A.  No ;  he  must  live  in  the  State  where  he  is  chosen. 

Q.  How  many  persons  may  be  chosen  by  each  State, 
as  Members  of  the  House  of  Representatives  ? 

A.  The  number  of  Representatives  of  any  State  is  in 
proportion  to  the  number  of  people  in  that  State.  At 
present  every  forty  thousand  people  send  one  Represen- 
tative ;  but  this  has  been,  and  may  be,  altered,  with  the 
increase  of  the  number  of  people. 

Q.  Some  of  the  States  have  large  numbers  of  slaves 
living  in  them,  and  others  have  many  Indians  ;  are  these 
counted  in  making  up  the  forty  thousand  ? 

A.  No  ;  three  fifths  of  the  number  of  slaves  is  allow- 
ed, that  is  every  five  slaves  are  counted  as  if  they  were 
three  free  persons  :  those  Indians  who  pay  taxes,  (that 
is,  who  pay  money  for  the  expenses  of  governing  and 
defending  us)  are  counted  ;  those  who  do  not  pay  taxes 
are  not  counted. 

Q.  How  is  it  known  what  number  of  people  each 
State  contains  ? 

A.  Certain  persons  are  appointed  to  count  the  people 
and  take  a  written  list  of  them.  Such  a  counting  is 
called  a  %census,  and  it  takes  place  once  in  every  ten 
years.  [In  the  year  1790  the  United  States  contained 
3,929,326;  in  1800,  5,309,758;  in  1810,  7,239,903; 
and  in  1820,  9,638,166.] 


15 

Q.  When  the  Members  of  the  House  of  Representa- 
tives meet  to  make  the  laws,  are  they  all  equal,  or  does 
any  one  preside  over  them  ? 

A.  They  choose  one  of  their  own  number,  whose 
duty  it  is  to  preside  over  them  while  they  are  met  to  do 
business,  and  to  see  that  they  proceed  in  a  regular  and 
orderly  manner  in  doing  their  public  duty.  He  is  call- 
ed their  Speaker.  They  also  choose  a  person  who  is 
not  one  of  their  own  number  to  keep  a  written  account, 
from  day  to  day,  of  all  that  is  done  by  them  while  assem- 
bled. That  written  account  is  called  a  Journal  of  the 
House  of  Representatives,  and  the  person  who  keeps  ft 
is  called  the  Clerk  of  the  House*  They  also  choose 
another  person  who  is  called  their  Sergeant-at-Arms^ 
and  who  may,  when  so  ordered  by  the  House,  seize  any 
Member  who  disobeys  the  rules,  or  who  is  charged  by 
the  House  with  any  crime,  and  imprison  him.  They 
also  choose  another  person  as  their  Door  Keeper,  who 
is  to  take  care  that  no  person  be  admitted  into  the  hall 
where  the  Representatives  are  sitting,  but  such  as  are 
permitted  by  law.  These  several  persons,  thus  chosen, 
are  called  the  Officers  of  the  House  of  Representatives, 
and  remain  in  office  two  years. 

Q.  Who  choose  the  Members  of  the  Senate  of  the 
United  States  ? 

A.  The  Legislature  of  each  State  chooses  the  Sena- 
tors for  that  State. 

Q.  How  many  Senators  may  there  be  ? 

A.  Two  from  each  State. 

Q.  When  a  citizen  is  chosen  by  the  Legislature  of 


16 

his  own  State  to  be  a  Member  of  the  Senate  of  the 
United  States,  how  long  does  he  continue  such  ? 

A.  For  six  years.  If  he  dies  before  the  expiration 
of  that  time,  or  resigns  his  office,  (that  is,  if  he  declares 
it  to  be  his  wish  not  to  be  a  Senator  any  longer)  another 
is  appointed  in  his  place. 

Q.  Are  all  the  Senators  chosen  at  the  same  timej  as 
Members  of  the  House  of  Representatives  are  ? 

A.  No.  Only  one  third  are  chosen  at  once — two 
years  afterward  another  third  is  chosen — and  two  years 
after  that,  another  third,  so  that  every  two  years  one 
third  part  of  the  Senators  go  out  of  office  ;  but  the  same 
persons  may  again  be  chosen  if  the  Legislatures  who 
chose  them  before  wish  to  send  them  again  ;  if  not,  they 
send  others  in  their  place. 

Q.  How  old  must  a  person  be  before  he  can  be 
chosen  a  Senator  of  the  United  States  ? 

A.  Thirty  years  old. 

Q.  Can  he  be  chosen  if  he  has  not  been  born  in  the 
United  States  ?  . 

A.  Yes,  if  he  has  become  a  citizen  by  being  natural- 
ized, and  has  been  a  citizen  for  nine  years. 

Q.  Can  a  Senator  for  one  State  be  chosen  by  the 
Legislature  of  another  State  ? 

A*  No.  The  Legislature  of  each  State  must  choose 
its  own  Senators,  from  persons  residing  in  its  own  bounds. 

Q.  Does  the  Senate  choose  a  Speaker,  as  the  House 
of  Representatives  does  ? 

A.  No.  The  person  who  is  chosen  by  the  people  to 
be  Vice  President,  of  the  United  States,  is  made,  by  the 


17 

Constitution,  President  of  the  Senate ;  his  duties  are 
like  those  of  the  Speaker  of  the  House  of  Representa- 
tives, except  that  he  is  not  obliged  to  keep  order  in  de- 
bate. Their  other  officers  are  the  same  in  all  respects,  as 
those  of  the  House  of  Representatives,  and  are  chosen  by 
the  Senators  in  the  same  manner. 

Q.  Do  the  Senators  ever  sit  as  Judges  ? 

A.  Yes.  When  any  civil  officer  of  the  United  States 
(that  is,  not  an  officer  of  the  army,)  is  guilty  of  a  viola- 
tion of  his  public  duty,  he  is  accused,  or  charged,  by 
the  House  of  Representatives,  and  tried  by  the  Senate, 
Such  an  accusation  is  called  an  Impeachment, 

Q.  What  do  you  mean  by  his  being  tried  by  the 
Senate  ? 

A.  The  Senators  take  a  solemn  oath  that  they  will 
carefully  attend  to  the  proof  that  shall  be  brought  before 
them,  and  according  to  that  proof  declare  the  accused 
person  innocent  or  guilty,  as  the  case  may  be.  The 
House  of  Representatives  appoint  some  of  their  own 
Members  to  lay  the  proof  before  the  Senate,  and  after- 
wards the  accused  person  lays  before  them  the  proofs 
in  his  defence ;  when  both  have  been  heard,  the  Mem- 
bers of  the  Senate  vote,  that  is,  each  one  declares  his 
opinion ;  and  if  two  thirds  of  all  the  Senators  who  are 
present  declare  the  accused  person  to  be  guilty,  he  is 
adjudged  guilty  ;  if  not,  he  is  declared  not  guilty. 

Q.  Cannot  the  Senate,  in  like  manner,  impeach^  that 
is,  solemnly  charge  an  officer  before  the  House  of  Rep- 
resentatives ? 

A.  No.  None  can  bring  an  impeachment  but  the 
2* 


18 

House  of  Representatives,  and  none  can   try  an  im- 
peachment but  the  Senate. 

Q.  What  is  the  consequence  if  the  Senate  declare  an 
officer  of  the  United  States  to  be  guilty  ? 

A.  He  may  be  turned  out  of  office,  and  prevented 
from  ever  again  holding  any  office  of  honor,  trust,  or 
profit,  under  the  United  States  government. 

Q.  May  he  be  further  punished  ? 

A.  Not  by  the  Senate.  He  may  afterwards  be  tried 
before  a  Court  of  Law,  and  punished  in  the  same  man- 
ner as  any  other  criminal  for  offences  against  the  law. 

Q.  May  ever  the  President  of  the  United  States  be 
thus  impeached  and  punished  ? 

«/2.  Yes.  In  this  free  and  happy  country  no  man  is  so 
great  as  to  be  above  the  law.  The  laws  are  supreme  ; 
to  them  all  persons,  from  the  President  of  the  United 
States  to  the  poorest  and  the  meanest  beggar,  must  alike 
submit.  This  is  our  glory.  Let  every  youthful  Ameri- 
can exult  that  he  has  no  master  but  the  law ;  let  him 
mark  the  man  who  would  change  this  happy  state  of 
things  as  the  enemy  of  his  country ;  and  above  all  let  him 
remember  that  as  soon  as  he  himself  breaks  the  law,  he 
becomes  himself  that  enemy.  Whoever  violates  the 
law  helps  to  weaken  its  force,  and,  as  far  as  he  disobeys, 
does  what  in  him  lies  to  destroy  it :  but  he  who  honors 
and  obeys  the  law  strengthens  the  law,  and  thereby  helps 
to  preserve  the  freedom  and  happiness  of  his  country. 
In  some  governments  it  is  held  that  "  the  king  can  do  no 
wrong ;"  here  we  know  no  king  but  the  law,  no  monarch 
but  the  constitution :  we  hold  that  every  man  may  do 


19 

wrong  ;  that  the  higher  he  is  in  office,  the  more  reason 
there  is  that  he  be  obliged  to  answer  for  his  conduct ; 
and  that  as  a  great  officer,  if  treacherous,  is  a  great 
criminal,  so  he  ought  to  be  made  to  suffer  a  great  and 
exemplary  punishment. 

Q.  How  often  does  Congress  meet  ? 

A.  It  must  meet  once,  at  least,  in  every  year ;  but 
may  meet  oftener  if  necessary. 

Q.  Is  any  day  fixed  for  its  meeting  ? 

A.  Yes ;  the  first  Monday  in  December  ;  but  it  has 
power  to  alter  that  to  some  other  fixed  day.  When 
Congress  ceases  to  meet,  it  is  said  to  Adjourn. 

Q.  Suppose  all  the  members  of  the  Senate,  or  all 
the  members  of  the  House  of  Representatives  do  not 
attend  a  meeting,  can  those  who  do  attend  make  laws 
without  them  ? 

A.  If  more  than  one  half  are  present,  they  have 
in  most  cases  power  to  do  whatever  the  whole  num- 
ber could  have  done.  More  than  one  half  are  called 
si  Majority,  less  than  one  half  are  called  a  Minority. 
As  many  as  are  necessary  to  do  business  are  called  a 
Quorum. 

Q.  Supposing  less  than  one  half  should  attend,  can 
they  do  nothing  ? 

A.  Yes,  they  have  power  to  send  for  the  others  and 
compel  them  to  attend.  If  they  do  not  choose  to  do 
this,  they  have  power  to  adjourn  till  the  next  day ;  (that 
is,  they  may  separate  after  agreeing  to  meet  the  next 
day  ;)  and  so  they  may  continue  to  do  till  a  Quorum 
shall  be  present  to  do  business. 


20 

Q.  Are  there  any  fixed  rules  for  doing  business  in 
Congress  ? 

A.  Certainly,  every  thing  is  done  by  settled  rules, 
called  Rules  of  Order. 

Q.  Who  settles  what  these  rules  shall  be  ? 

*#.  The  Rules  for  the  Senate  are  made  by  the  Sen- 
ate ;  the  Rules  for  the  House  of  Representatives  are 
made  by  the  House  of  Representatives.  Each  House 
has  power  to  alter  its  own  Rules  of  Order  ;  or  to  suspend 
them,  that  is  to  say,  a  particular  rule  may  be  disobeyed 
for  a  certain  time  ;  after  which  it  is  again  in  force. 

Q.  Suppose  a  Member  refuses  to  attend,  or  behaves, 
when  he  does  attend,  in  a  disorderly  manner  ? 

A.  He  may  be  punished  in  any  way  the  other  Mem- 
bers think  proper. 

Q.  May  he  be  even  expelled  from  the  House  ?  that 
is,  turned  out  of  it  f 

A.  Yes,  but  not  unless  two  thirds  of  all  the  Members 
think  he  deserves  it. 

Q.  You  said  that  the  Clerk  of  the  House  of  Repre- 
sentatives keeps  a  written  Journal  of  all  that  is  done  in 
ihat  House ;   is  a  Journal  kept  in  like  manner  by  the 
Secretary  of  the  Senate  ? 
'A.  Yes. 

Q.  Are  these  Journals  published  ?  that  is,  printed 
and  sold  ? 

Jl.  Yes ;  excepting  such  parts  as  either  House  of 
Congress  may  think  proper  to  keep  secret  for  a  time, 
when  the  public  good  requires  it. 

<j>.  Do  Congress  ever  sit  in  secret  ? 


21 

A.  Yes.  Whenever  they  are  engaged  in  business 
which  it  will  be  better  for  the  public  good  to  keep  secret 
for  a  time,  they  close  their  doors.  At  other  times  they 
sit  in  public,  and  every  body  who  can  get  into  the  gallery 
may  see  and  hear  all  that  is  done. 

Q.  Does  the  Journal  shew  how  each  Member  voted 
in  every  case  that  came  to  be  considered  ? 

A*  No.  But  if  one  fifth  of  the  Members  present 
when  any  measure  is  proposed,  require  that  the  names 
of  those  who  voted  for  and  against  it,  be  put  down  in 
the  Journal,  it  must  be  done. 

Q.  After  Congress  has  met,  may  either  House  ad- 
journ (that  is,  cease  to  meet)  for  more  than  three  days 
at  a  time,  without  the  consent  of  the  other  House  i 

A.  No. 

Q.  Do  the  two  Houses,  that  is,  the  Senate  and  House 
of  Representatives,  meet  in  the  same  building? 

A.  Yes. 

Q.  May  either  House  remove  to  any  other  place  ? 

A,  1  <  o,  not  unless  the  other  House  removes  too. 

Q.  Do  Members  of  Congress  receive  any  thing  for 
doing  the  business  of  the  public  ? 

A.  Their  chief  and  best  reward  is  the  honor  of 
serving  their  country ;  but  as  many  of  them  cannot 
afford  to  leave  their  own  business  so  often  and  so  long 
without  having  the  loss  in  some  measure  made  up  to 
them,  the  Constitution  says  that  they  shall  be  allowed  a 
compensation  to  be  ascertained  by  law,  and  paid  out  of 
the  Treasury  of  the  United  States. 

Q.  Who  fixes  the  rate  of  compensation,  that  is,  how 
much  the  Members  shall  have  ? 


22 

A.  It  is  fixed  by  Congress. 

Q.  Ought  they  to  be  allowed  to  fix  their  own  wages  ? 

A.  It  cannot  be  avoided  ;  the  rate  must  be  fixed  by 
law,  and  there  is  none  who  have  power  to  make  law  for 
this  country  but  the  Congress  only. 

Q.  May  Members  of  Congress  be  arrested,  (that  is, 
seized  by  a  sheriff  or  constable)  for  debts  they  owe, 
while  they  are  attending  to  their  public  duty  ? 

A.  Their  duty  is  of  so  much  value  to  us  all  that  the 
Constitution  will  not  allow  them  to  be  arrested  while  go- 
ing and  returning  from  their  home  to  the  place  where 
Congress  meets,  nor  while  they  are  attending  there,  ex- 
cept in  three  cases. 

Q.  What  are  these  ? 

A.  If  they  have  been  guilty  of  treason,  felony,  or 
breach  of  the  peace. 

Q.  When  is  a  person  guilty  of  treason  ? 

A.  When  he  makes  war  against  the  United  States — 
(that  is,  when  he  endeavors  by  force  to  overturn  or  to 
resist  the  Government,)  or  when  he  helps  or  comforts 
others  who  are  making  war  against  them.  [But  this 
must  be  proved  by  at  least  two  witnesses,  who  have 
both  seen  him  do  some  act  of  treason.  The  crime  is 
punished  in  any  way  Congress  thinks  fit ;  and  they  have 
determined  that  it  shall  be  punished  by  death.] 

Q.  If  Members  of  Congress  while  engaged  in  debate, 
that  is,  in  arguing  about  any  law  that  is  proposed  to  be 
made,  shall  sat  any  thing  offensive  to  another  Member, 
may  he  be  sued  for  it  by  the  other  in  a  Court  of  Law  ? 

A.  No  5  (lest  this  should  destroy  the  freedom  of  de- 


23 

bate,  and  make  the  Members  afraid  of  speaking  their 
thoughts  with  honesty  and  plainness  in  matters  for  the 
public  good,)  a  Member  cannot  be  called  to  account  in 
any  other  place  for  any  thing  he  says  upon  the  floor  of 
Congress. 

Q.  May  Members  of  Congress  be  appointed  to  any 
civil  office  under  the  United  States  ? 

A.  Not  while  they  continue  to  be  Members ;  if  they 
are  appointed  to  any  office  and  wish  to  accept  the  ap- 
pointment, they  must  give  up  their  seats  in  Congress ; 
nor  can  they  be  chosen  Members  again  while  they  hold' 
the  office. 

Q.  Supposing  Congress  create  any  new  office,  (that 
is,  appoint  some  public  duty  to  be  done  and  allow  the 
person  who  does  it  a  compensation)  or  shall  increase  the 
pay  before  allowed  for  doing  the  duties  of  any  office, 
that  is  already  established, — may  any  Member  of  the 
Congress  which  did  this  be  appointed  to  such  office  ? 

A.  No,  not  till  the  whole  time  for  which  he  was 
chosen  a  Member  shall  have  expired. 

Q.  How  do  Congress  proceed  in  making  the  laws  ? 

A.  A  Member  usually  proposes  that  some  other  Mem- 
bers, called  a  Committee,  shall  consider  whether  it  will 
not  be  proper  t©  make  a  law  for  some  particular  matter, 
which  he  explains.  If  a  majority  of  the  Members  think 
it  will  be  best  to  consider  of  the  matter,  they  order  cer- 
tain Members  to  do  so.  These  Members,  or  Committee. 
meet  together,  and  having  considered  the  proposal,  de- 
termine whether  it  is  proper  to  advise  the  Members  of 
the  House  to  make  a  law  respecting  it.     If  they  think  it 


24 

is  they  put  down  in  writing  the  words  of  such  a  law  as 
it  will  be  best  to  make.  This  writing  is  called  a  Bill. 
They  then  return  to  the  House,  and  either  in  writing  or 
by  word  of  mouth,  declare  what  they  have  done,  and 
state  the  reasons  for  it.  Such  a  statement  is  called  a 
Committee's  Report.  The  Bill  is  then  read  twice. 
The  Member  who  first  proposed  the  matter  now  farther 
proposes,  (or  Moves,  as  it  is  called)  that  this  Bill  be 
considered  by  all  the  Members.  If  this  is  agreed  to, 
the  Bill  is  then  taken  under  consideration.  Every 
Member  has  an  opportunity  to  propose  such  altera  cms 
in  it,  as  he  pleases ;  and  every  Member  may  give  rea- 
sons why  such  a  law  ought  or  ought  not  to  be  made.  If 
any  alterations  are  made,  the  Bill  as  altered  is  written 
over  again  and  read  a  third  time ;  when,  after  full  con- 
deration,  it  is  Passed,  that  is,  finally  agreed  to. 

Q.  Is  it  now  a  law  ? 

A.  By  no  means.  The  Bill  thus  passed  by  one 
House  is  then  sent  to  the  other  House.  There  it  is 
again  considered,  and,  if  the  House  thinks  proper,  is  far- 
ther altered.  It  is  then  returned  to  the  House  where  it 
began.  If  this  House  disapproves  of  the  alterations 
made  by  the  other,  it  sends  the  Bill  back,  that  that 
House  may  give  up  the  alterations — but  if  they  will  not 
give  them  up,  then  a  Committee  of  Conference  is  ap- 
pointed ;  that  is,  certain  Members  are  sent  from  each 
House  to  meet  together,  and  try  to  bring  the  matter 
into  such  a  form  that  both  Houses  will  agree  to  it; — if 
they  succeed,  and  the  Houses  agree,  the  Bill  is  then 
Engrossed,  (that  is,  copied  in  a  fair  hand)  on  parchment, 


25 

and  signed  by  the  President  and  Secretary  of  the  Sen- 
ate, and  by  the  Speaker  and  Clerk  of  the  House  of 
Representatives. 

Q.  Is  it  now  a  law  ? 

A.  Not  yet.  The  engrossed  Bill  is  then  sent  to  the 
President  of  the  United  States  for  his  approbation  ;  if 
he  approves  it,  he  signs  and  returns  it ;  the  Bill  then  is 
called  an  act,  and  becomes  the  law  of  the  land. 

Q.  How  if  he  does  not  approve  it  ? 

A.  If  he  does  not  approve  it,  he  must  return  the  Bill 
together  with  his  objections,  in  writing,  to  the  House  in 
which  it  began  ;  that  House  must  copy  the  whole  of 
these  objections  into  their  Journal,  and  then  consider  the 
Bill  once  more.  When  they  have  done  this,  if  two 
thirds  of  that  House  shall  agree  to  pass  the  Bill,  they 
must  send  it,  together  with  the  President's  objections  to 
it,  to  the  other  House.  There  the  Bill  must,  in  like 
manner,  be  re-considered  ;  and  if  two  thirds  of  this 
House  also  agree  to  pass  it,  it  becomes  a  Law.  But  in 
all  such  cases,  the  names  of  all  the  Members  of  each 
House  who  voted  for  and  against  the  Bill,  must  be  put 
down  in  the  Journals. 

Q.  Suppose  the  President  of  the  United  States  should 
neglect  to  sign  and  return  a  Bill  sent  to  him  by  Congress  ? 

A.  If  he  does  not  sign  or  return  any  Bill  within  tea 
days  after  it  is  sent  to  him,  (not  counting  Sundays)  it 
becomes  a  Law,  unless  in  that  time  Congress  shall  have 
ceased  to  sit. 

Q.  Is  not  this  a  better  way  of  making  the  laws  of  & 
Country,  than  either  of  those  we  first  considered  ? 
3 


26 

A.  It  is  hard  to  conceive  how  greater  care  could  be 
taken  that  no  wicked,  unjust,  oppressive,  hasty,  or  un- 
wise Law  should  pass.  There  is  full  time  to  consider 
whatever  is  proposed  ;  such  fair  oppo  rtunity  to  oppose 
it,  if  wrong,  and  improve  it,  if  imperfect ;  so  many  per- 
sons, and  from  so  wide  a  space  of  country  must  agree 
in  approving  it,  that  it  is  scarcely  possible  any  thing 
very  injurious  can  be  enacted ;  or,  at  least,  if  it  is,  that 
a  different  form  of  Government  would  have  prevent- 
ed it. 

Q.  Are  there  not  some  evils  which  attend  this  mode  I 

A.  Nothing  of  human  contrivance  is  wholly  free  from 
some  defect  or  other  ;  and,  in  time  of  war,  when  the 
public  danger  is  great,  and  it  is  needful  that  Government 
should  act,  not  only  wisely,  but  rapidly  ;  some  disadvan- 
tage may  be  found  to  arise  from  so  deliberate  a  method 
of  passing  every  Law.  But  it  is  far  better  to  put  up 
with  this,  than  to  lose  the  precious  blessing  of  so  free 
and  safe  a  mode  of  Legislation. 

Q.  You  have  said  that  no  Laws  can  be  made  for  the 
United  States,  but  by  Congress;  may  Congress  make 
any  Laws  they  please  ? 

A,  No.  Their  power  is  limited  by  the  Constitution  ; 
that  is,  they  have  no  power,  but  what  the  Constitution 
says  they  have.  It  must  always  be  remembered,  that 
|he  States,  when  they  united  to  form  the  General  Gov- 
ernment, had  full  power  to  govern  themselves ;  and  that 
they  gave  up  only  a  part  of  their  power,  for  the  general 
welfare.  Whatever  power,  therefore,  is  not  given  by 
the  Constitution,  to  the  General  Government,  still  be- 


27 

longs  either  to  the  State  Governments,  or  to  the  people 
of  the  United  States. 

Q.  What  power  is  given  to  Congress,  by  the  Consti- 
tution ? 

A.  Congress  has  power  to  do  the  following  things  : — 
It  may  "lay  and  collect  Taxes,  Duties,  Imposts,  and 
Excises." 

Q.  What  do  you  mean  by  these  different  terms  ? 
What  is  a  Tax  ? 

A.  A  Tax  means  a  sum  of  money  which  the  people 
are  directed  to  pay,  to  support  the  Government,  and  de- 
fence of  the  Country. 

Q.  What  are  Duties  ? 

A.  Duties  are  sums  of  money,  which  must  be  paid 
by  persons  who  bring  goods  of  any  kind  from  another 
country,  into  the  United  States,  and  which  are  in  pro- 
portion to  the  quantity  or  value  of  such  goods.  It  is 
paid  at  certain  places  called  Custom-houses,  and  is  sent 
from  these  to  the  Treasury  of  the  United  States. 

Q.  What  are  Imposts  ? 

A,  Imposts  are  sums  of  money  which  must  be  paid 
to  the  Government,  by  persons  owning  vessels,  which 
enter  the  harbors  of  the  United  States,  in  proportion 
to  the  size  of  the  vessels.  An  Impost  is  a  duty  on 
vessels. 

Q.  What  are  Excises  ? 

A.  Excises  are  sums  of  money  which  must  be  paid 
to  tRe  Government,  by  persons  who  make  certain  arti- 
cles within  the  United  States,  in  proportion  to  the  quail- 
fitv  or  value  of  the  articles  manufactured. 


28 

<£  What  do  you  mean  by  laying  these,  and  what  by 
collecting  them  ? 

A.  Laying  a  Tax,  he.  is  determining  how  much  it 
hall  be  ;  and  collecting  a  Tax,  &c.  is  obliging  the  peo- 
ple to  pay  it. 

Q.  Could  any  Government  long  exist  without  this 
power  ? 

A.  No.  Every  Government  must  have  large  sums 
of  money,  to  use  for  the  public  good,  and  this  is  the 
proper  way  of  getting  it. 

<£.  Ought  the  people  to  complain  of  having  to  pay 
Taxes  and  Duties  ? 

A.  Certainly  not ;  because  they  all  receive  the  bene- 
fit. If  nobody  would  pay  Taxes,  nobody  could  be  de- 
fended by  armies,  fleets,  or  forts  ;  nobody  could  be  paid 
.  for  making  or  for  executing  the  laws ;  the  whole  coun- 
try would  soon  be  without  law,  safety,  or  order ;  and 
we  should  all  be  miserable.  Whoever,  therefore,  cheats 
i he  Government  of  its  duties,  does  in  reality  cheat  him- 
self and  his  neighbor,  and  acts  like  the  enemy  of  his 
country. 

Q.  May  one  part  of  the  United  States  be  required 
to  pay  at  a  greater  rate  than  the  rest  ? 

A.  No  ;  "  all  Duties,  Imposts,  and  Excises  must  be 
uniform  throughout  the  United  States." 

Q.  What  other  power  has  Congress  ? 

A.  "To  borrow  money  on  the  credit  of  the  United 
States  ?"  * 

Q.  What  do  you  mean  by  that  expression,  "on  the 
.  redit  of  the  United  States  ?" 


29 

A.  It  means  that  the  people  of  the  United  States 
are  bound  to  pay  whatever  money  Congress  borrows  for 
their  use.  [Such  money  is  called  a  Loan  ;  and  who- 
ever lends  it  to  the  Government,  receives  a  printed  pa- 
per, acknowledging  that  such  a  sum  has  been  lent,  and 
promising  to  pay  a  smaller  sum  yearly,  as  Interest  for 
the  use  of  it.  Such  printed  certificates  are  called  Stock; 
they  may  be  bought  and  sold  the  same  as  any  other 
article, — and  whoever  holds  them  when  the  interest  be- 
comes due,  may  demand,  and  must  receive,  it.  If  the 
printed  paper  promises  to  pay  six  dollars  a  year  for 
every  hundred  dollars  borrowed,  it  is  called  "United 
States  six  per  cent  Stock  ;"  if  it  promises  to  pay  four 
dollars  a  year  for  every  hundred,  then  it  is  called 
"  United  States  four  per  cent  Stock."] 

Q.  What  other  power  does  Congress  possess  ? 

A,  It  may  make  rules  according  to  which  the  Com- 
merce of  the  citizens  of  the  United  States  with  other 
nations  (that  is  the  exchange  of  our  goods  for  theirs,  or 
for  money,  by  means  of  vessels  or  other  conveyances) 
shall  be  carried  on ;  also  the  commerce  of  one  of  the 
states  with  another,  and  that  of  the  different  states,  or  of 
the  United  States,  with  the  Indian  tribes.  [Some  per- 
sons believe  that  the  power  to  regulate  Commerce  among 
the  several  states  includes  the  power  to  mak^  Roads  and 
Canals  from  one  state  to  another ;  others  deny  this.] 

Q.  What  is  the  next  power  given  to  Congress  by  the 
Constitution  ? 

A.  You  recollect  what  was  before  said  about  natural- 
ization,  which  means  the  admitting  of  a  foreigner  (that 
3* 


30 

is,  a  native  of  some  other  country)  to  become  a  citizen 
of  the  United  States : — Congress  has  power  to  make 
one  uniform  rule  according  to  which  this  shall  be 
done  throughout  the  country.  It  may  also  make  uni- 
form Laws  for  the  whole  Union  on  the  subject  o{  Bank- 
ruptcy. 

Q.  What  is  bankruptcy  ? 

A.  When  a  man  has  not  money  or  goods  enough  to 
pay  his  debts,  he  is  a  Bankrupt ;  and  the  being  in  that 
situation  is  Bankruptcy.  The  object  of  Laws  on  this 
subject  is  to  compel  such  a  man  to  give  up  all  he  has 
got  to  the  people  he  owes,  and  to  fix  the  terms  on  which 
he  may  be  set  free  from  the  debts  he  cannot  pay. 

Q.  What  else  may  Congress  do  ? 

A.  It  may  coin  money  ;  that  is  it  may  mark  or  stamp 
certain  pieces  of  metal  in  a  way  which  shall  make  them 
pass,  in  buying  and  selling,  at  a  set  value.  It  may  also 
fix  what  shall  be  the  value  of  coin  that  has  been  marked 
or  stamped  in  any  other  country,  when  it  is  used  in  the 
United  States.  It  may  likewise  declare  one  uniform 
size  for  the  weights  and  measures  used  throughout  our 
country. 

Q.  May  any  persons  who  please  coin  money  ? 

A.  No,  none  but  those  employed  to  do  so  by  Con- 
gress ;  (they  work  at  a  place  called  the  mint.) 

Q.  If  any  other  person  shall  coin  money  in  his  own 
name,  or  shall  stamp  it  so  as  to  resemble  that  coined  at 
the  mint,  or  that  which,  though  coined  in  other  countries, 
is  allowed  to  pass  as  money  in  the  United  States,  (called 
i;  Current  coin,")  may  he  be  punished  ? 


31 

A.  Yes  ;  it  is  a  crime,  called  counterfeiting ',  and  may 
he  punished  in  any  manner  Congress  shall  appoint. 

Q.  Suppose  they  counterfeit  not  the  money  of  the 
United  States,  but  the  stock  issued  by  Government  ? 

A.  They  are  punished  the  same  as  if  they  had  coun- 
terfeited money. 

Q.  What  other  power  belongs  to  Congress  ? 

A.  They  may  "  establish  Post  Offices  and  Post 
Roads." 

q.  What  is  a  Post  Office  ? 

A.  A  place  where  Letters  carried  from  one  part  of 
the  country  to  another,  at  the  expense  of  the  United 
States,  are  received  and  delivered. 

Q.  And  what  is  a  Post  Road  ? 

A.  A  road  on  which  the  bag  containing  these  letters 
(called  the  mail,)  is  carried. 

Q  What  is  meant  by  establishing  these  ? 

A.  Making  a  law  which  directs  where  the  Post  Of- 
fices shall  be,  and  by  what  roads  the  mail  shall  be  car- 
ried. Some  persons  say  that  it  includes  a  power  to 
erect  buildings  for  post  offices,  and  to  make  roads  where 
they  are  wanted ;  others  deny  this. 

Q.  Has  Congress  any  farther  powers  ? 

A.  It  may  grant  what  are  termed  Patent  Rights  and 
Copy  Rights. 

Q.  What  does  this  mean  ? 

A.  When  a  person  has  found  out  some  new  and  use- 
ful contrivance,  Congress  may  give  him  an  exclusive 
right  to  make  and  sell  what  he  has  contrived,  for  a  cer- 
tain  number  of  years  ;    during  that  time  nobody  else 


may  make  or  sell  that  article  without  leave  from  the  man 
who  contrived  it,  and  if  they  do  they  are  liable  to  be 
punished.  This  is  called  a  Patent  Right.  Whoever 
writes  a  book  may  also  have  the  exclusive  right  to  print 
and  sell  it  for  a  certain  time ;  this  is  called  a  Copy 
Right. 

Q.  Can  Congress  erect  Courts  ?  that  is,  make  a  Law 
directing  that  a  Judge  shall  sit  at  certain  places,  at  cer- 
tain times,  before  whom  Causes  or  Criminals  shall  be 
tried  ? 

A.  Yes,  it  may  appoint  as  many  Courts  as  it  thinks 
fit ;  but  they  must  all  be  inferior  to  the  great  Court  of 
the  country,  called  the  Supreme  Court  of  the  United 
States. 

Q.  Can  it  punish  Piracy  ?  that  is,  robbery  committed 
at  sea  ? 

A.  Yes,  and  all  other  crimes  committed  there ;  it  can 
also  punish  offences  against  the  law  of  nations. 

Q.  What  do  you  mean  by  "  the  law  of  nations"  ? 

A.  I  mean  those  rules  which  are  agreed  upon  among 
all  nations  (except  those  who  are  savages)  to  regulate 
their  conduct  towards  each  other. 

Q.  Has  Congress  any  other  power  ? 

A.  Yes,  it  has  one  most  solemn  and  important  power, 
the  power  of  Declaring  War  between  the  United  States 
and  any  other  nation. 

Q.  When  Congress  has  declared  the  United  States 
to  be  at  war  with  any  particular  country,  can  any  of  the 
citizens  of  the  United  States  remain  at  peace  with  that 
nation  ? 


33 

A*  No ;  however  much  they  may  dislike  the  war,  or 
love  the  nation  against  whom  it  is  declared,  all  must, 
when  required,  aid  in  it,  by  their  money  or  their  services, 
and  bring  it  as  soon  as  possible  to  a  successful  end.  If 
they  attempt  to  aid  the  enemy,  or  forcibly  hinder  the 
success  of  the  war,  they  commit  treason. 

Q.  When  the  United  States  have  cause  of  complaint 
against  another  nation,  and  yet  do  not  wish  at  once  to 
go  to  war,  is  there  any  other  measure  they  can  take  to 
compel  that  nation  to  do  them  justice  ? 

A.  Yes.  Congress  may  "  issue  Letters  of  Marque, 
and  Reprisal." 

Q.  What  are  they  ? 

A,  They  are  certain  public  letters  directed  to  mer- 
chants of  the  United  States,  who  have  been  injured,  and 
have  been  refused  redress,  permitting  them  forcibly  to 
take  vessels  belonging  to  the  offending  nation,  sufficient 
to  make  up  the  loss  ;  but  this  must  be  done  only  accord- 
ing to  certain  Rules,  fixed  by  Congress. 

Q.  You  say  Congress  may  declare  War ;  can  they 
raise  Armies  ;  that  is,  can  they  hire  soldiers  to  fight  fox 
the  country  ? 

A.  They  can  ;  and  pay,  clothe,  and  feed  them,  at 
the  public  expense. 

Q.  Can  they  make  a  law,  setting  apart  money  enough 
at  one  time,  to  pay  and  support  the  army  for  more  than 
two  years  ? 

A.  No,  not  at  one  time  ;  lest  a  wicked  Congress 
might,  by  keeping  up  an  army,  remain  in  power  beyond 
the  time  for  which  they  were  chosen,  and  so  destroy  the 
liberty  of  their  country. 


34 

(£.  Why  was  the  time  limited  to  two  years  ? 

A.  Because  every  two  years  a  new  Congress  may 
be  chosen. 

Q.  Can  Congress  in  like  manner,  provide  and  main- 
tain a  Navy  ?  that  is,  buy  or  build  ships  of  war ;  and 
hire,  clothe,  and  feed  men  to  navigate  and  fight  them  ? 

A.  Yes ;  and  make  Rules  to  govern  both  Army  and 
Navy. 

Q.  Has  the  Country  no  other  defence  to  depend  upon 
but  hired  soldiers  ? 

A.  Yes,  the  people  themselves,  who  are  of  a  proper 
age  to  bear  the  fatigues  and  hardships  of  War,  are 
obliged  to  bear  arms  and  defend  their  Country  when 
need  requires ;  they  are  called  the  Militia. 

Q.  When  may  they  be  called  out,  to  do  this  ? 

A.  When  they  are  wanted,  to  enforce  the  laws  ;  to 
overcome  any  of  their  fellow  citizens,  who  are  so  foolish 
and  wicked  as  to  rebel  against  our  free  and  excellent 
form  of  government ;  or  to  meet  and  drive  out  an  enemy 
who  invades;  that  is,  forcibly  enters  any  part  of  our 
Country. 

Q.  But  as  the  great  mass  of  the  people  are  ignorant 
of  the  art  of  War,  how  is  this  to  be  done  ? 

A.  Congress  has  power  to  provide  for  their  being 
taught,  by  collecting  and  arranging  them  in  companies, 
and  regiments,  under  their  own  officers  ;  supplying  them 
with  arms,  and  causing  them  to  be  properly  exercised 
in  their  use. 

Q.  May  Congress  command  them,  or  are  they  to  be 
commanded  by  their  own  State  Governments  ? 


\ 


35 

A.  The  President  may  command  so  many  of  them 
as  are  employed  in  the  service  of  the  United  States, 
the  rest  are  commanded  by  the  States. 

Q.  Who  appoints  the  Officers  of  the  Militia  ? 
A.  The  State  Governments ;  they  also  train,  that  is, 
exercise  and  instruct  the  men  ;  but  this  must  be  done 
according  to  Rules  fixed  by  Congress. 

Q.  Have  you  mentioned  all  the  powers  of  Congress  ? 
A.  No  ;  they  have  power  to  make  all  the  Laws  for 
a  certain  District,  not  more  than  ten  miles  square,  where 
Congress  meets,  and  where  the  Chief  Officers  of  Gov- 
ernment reside.  This  is  called  the  Seat  of  Govern- 
ment. 

Q.  Has  this  District  no  Legislature  of  its  own  choice, 
as  the  States  have  ? 
A.  No. 

Q.  Is  it  a  part  of  any  State  ? 

A.  No.  It  consists  of  territory,  which  the  States 
have  given  up,  for  the  express  purpose  that  it  might  be 
the  seat  of  the  General  Government.  The  territory 
at  present  used  for  this  purpose,  is  called  the  District 
of  Columbia;  and  has  been  ceded,  (that  is,  given  up) 
by  the  States  of  Maryland  and  Virginia,  within  which  it 
before  lay. 

Q.  Is  there  any  other  place  in  the  United  States, 
which  is  thus  ruled  by  Congress  alone  ? 

A.  Yes — all  Forts,  Magazines,  (that  is,  places  where 
powder  and  other  things  used  by  an  army  are  laid  up) 
Arsenals,  (that  is,  buildings  where  arms  are  kept)  and 
Dock-yards ;  (that  is,  places  where  vessels  of  war  are 


36 

built)  which  belong  to  the  United  States,  are  governed, 
Dot  by  the  Legislatures  of  the  States  in  which  they  may 
be,  but  by  the  General  Government  alone. 

Q.  What  other  powTer  is  conferred  by  the  Constitution 
upon  the  Congress  of  the  United  States  ? 

A.  A  very  large  and  general  authority,  "  to  make  all 
laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,"  (that  is,  all  the 
powers  of  which  we  have  been  speaking)  "  and  all  other 
powers  vested  by  the  Constitution  in  the  Government 
of  the  United  States,  or  in  any  department  or  officer 
thereof."  Thus,  for  example,  when  the  Constitution 
says,  that  Congress  may  coin  money,  that  gives  Con- 
gress power  to  make  all  the  laws  necessary  to  deter- 
mine what  the  coin  shall  be — how  they  shall  be  mark- 
ed— of  what  metal  they  shall  be  made — what  shall  be 
their  weight — what  shall  be  their  value — where  they 
shall  be  made — what  buildings  shall  be  erected  for  the 
purpose — how  many  persons  shall  be  employed — what 
their  duty  shall  be — what  pay  they  shall  receive — what 
account  they  shall  keep — what  security  they  shall  give, 
and  how  they  shall  be  punished  if  they  neglect  their 
duty.  It  is  {he  same  with  every  other  power  given  by 
the  Constitution  ;  if  its  execution  requires  a  hundred 
different  laws,  Congress  may  pass  them  all. 

Q.  May  slaves  be  imported,  that  is,  brought  into  the 
United  States  ? 

j1.  No,  whoever  engages  in  the  slave  trade  is  a  pirate. 

Q.  May  slaves  be  held,  that  is,  owned,  and  made  to 
work — by  citizens  of  the  United  States  ? 


37 

A.  Yes. 

Q.  If  they  escape  from  one  State  into  another,  riciay 
the  State  into  which  they  flee  set  them  at  liberty  ? 

A.  No. 

Q.  Suppose  any  American  citizen  is  seized  and  put 
in  prison,  may  he  be  kept  there  as  long  as  those  who 
seized  him  think  fit  ? 

A.  No  ;   he  may  get  a  writ  of  Habeas  Corpus. 

Q.  What  is  that? 

A.  It  is  a  command  from  Court,  by  which  the  jailor 
is  forced  to  allow  the  prisoner  to  be  brought  up  before  a 
Judge,  that  the  cause  of  his  being  put  in  prison  may  be 
examined  into  ;  in  order,  that  if  there  is  no  law  to  keep 
him  there,  he  may  immediately  be  set  at  liberty. 

Q.  Must  this  command  be  given  whenever  it  is  ap- 
plied for  ? 

A.  Yes,  except  at  certain  times,  when  this  privilege 
is  suspended;  (that  is,  interrupted  for  a  time,  but  not 
taken  away). 

Q.  When  may  this  right  of  having  a  writ  of  Habeas 
Corpus,  which  belongs  by  the  Constitution  to  every 
citizen,  be  suspended  ? 

A.  Only  in  cases  of  rebellion  by  our  own  citizens,  or 
invasion  of  the  country  by  an  enemy ;  when  the  public 
danger  is  so  great  as  to  require  persons  to  be  kept  i* 
prison,  who  might  otherwise  be  set  at  liberty.  As  soon 
as  this  extreme  danger  is  past,  the  right  of  Habeas  Cor- 
pus must  be  immediately  restored. 

Q.  Is  this  a  very  great  and  important  privilege,  and 
ought  all  Americans  to  guard  it  with  the  greatest  care  ? 
4 


38 

A.  It  is  one  of  the  greatest  rights  of  a  freeman — and 
Americans  must  never  surrender  it,  under  any  pretext, 
if  they  value  and  would  preserve  their  liberty. 

Q.  May  a  man's  children  be  punished  by  law  for  his 
©ffenee  ? 

A.  In  some  countries,  where  a  man  has  been  guilty 
of  treason,  (that  is,  making  war  against  the  Government) 
a  law  is  passed  called  a  bill  of  attainder,  by  which  his 
children  are  prevented  from  being,  heirs  to  him  or  to 
any  other  person ;  and,  if  he  belonged  to  what  in  those 
countries  is  called  the  nobility,  and  his  children  would 
have  belonged  to  it  too,  they  are  prevented  ;  nor  can 
they  nor  their  children,  nor  their  children's  children,  re- 
cover this  privilege,  till  an  act  is  passed  for  that  purpose. 
No  such  law  can  be  made  in  this  country ;  it  is  express- 
ly forbidden  by  (he  Constitution. 

Q.  May  a  citizen  of  the  United  States  be  punished 
for  doing  what,  when  he  did  it,  was  not  forbidden  by  any 
law,  but  against  which  a  law  was  passed  afterwards6! 

A.  No.  A  law  that  attempts  to  punish  actions  that 
were  done  before  the  law  was  made,  is  called  an  "  ex- 
postfacto  law."  This  also  is  expressly  forbidden  by 
the  Constitution. 

Q.  When  a  direct  tax  is  laid,  that  is,  when  Congress 
©rder  that  a  certain  sum  of  money  must  be  paid  by  each 
citizen,  for  the  public  use,  what  is  the  rule  by  which  it 
is  to  be  collected  ? 

A.  The  census,  or  public  counting  of  the  people. 

Q  May  any  money  be  required  to  be  paid  on  goods 
exported,  (that  is,  carried  our.)  from  any  of  the  States  ? 


39 

A.  No. 

Q.  May  any  law  be  passed  giving  to  the  ports  of  one 
State,  (that  is,  the  places  where  vessels  arrive  and  de- 
part with  goods)  a  preference  over  those  of  another, 
so  that  goods  coming  to  some  ports,  shall  have  less  du- 
ties to  pay  to  Government  than  the  same  goods  coming 
to  other  ports  ? 

A.  No. 

Q.  May  vessels  coming  from  sea  with  goods  which 
they  wish  to  deliver  in  one  State,  be  obliged  to  land 
those  goods,  or  to  enter  them,  that  is,  give  an  account  of 
them  at  the  Custom-house,  or  to  pay  the  duties  on  them 
in  another  State  ? 

A.  No. 

Q.  When  a  vessel  leaves  the  ports  of  one  State  with 
goods  which  she  is  carrying  to  sea,  can  she  be  obliged 
to  clear  those  goods,  that  is,  give  an  account  of  them  at 
the  Custom-house,  in  another  State  ? 

A.  No  ;  each  State  may  carry  on  its  own  commerce 
without  the  interference  of  any  other  State. 

Q.  In  what  way  can  the  money  of  the  United  States 
be  drawn  out  of  the  Treasury  ?  (or  place  where  it  is 
kept) 

A.  It  can  be  drawn  out  only  by  authority  of  a  law  of 
Congress  ;  and  such  a  law  is  called  an  Appropriation. 

Q.  Must  a  full  account  be  kept  of  all  moneys  receiv- 
ed into  the  Treasury,  and  paid  out  of  it ;  and  must  ibk 
account  be  published,  that  is,  printed  and  sold  from  time 
Co  time  ? 

A.  Yes. 


40 

Q.  You  said  that  in  some  countries,  a  part  of  the 
people  are  called  Nobility  ;  what  does  that  mean  ? 

A.  Almost  all  Europe  was  once  under  the  power  of 
Rome,  and  formed  part  of  what  was  called  the  Roman 
Empire.  This  Empire  was  attacked,  overrun,  and  at 
last  conquered  entirely,  by  a  hardy  set  of  people  who 
came  from  the  north  in  vast  numbers.  These  people 
were  commanded  by  their  chiefs  or  kings  ;  and  when 
the  countries  which  they  invaded  gave  up  fighting,  and 
yielded  every  thing  to  the  conquerors,  the  whole  of  the 
land  was  divided  into  portions  and  given  by  the  king  to 
his  chief  officers,  who  divided  it  again  among  their  fol- 
lowers. These  great  officers  were  called  by  various 
names  or  titles,  as  Dukes,  Earls,  Counts,  fac.  and  when 
they  died,  their  oldest  sons  were  called  by  the  same 
titles;  which  continued  in  this  manner  to  descend  in 
certain  great  and  rich  families.  It  is  these  families 
which  are  now  known  in  most  countries  of  Europe  as 
Nobles,  or  the  Nobility — and  they  have  great  privileges 
over  the  other  citizens. 

Q.  Can  any  families  be  thus  distinguished  from  the 
rest  in  this  Republic  ? 

A.  No ;  no  title  of  Nobility  can  be  granted  here.  The 
only  titles  among  us,  are  those  which  mark  a  person's 
grade  in  the  army  or  navy,  or  his  office  in  the  State. 

Q.  May  any  citizen  of  the  United  States  receive  a 
title  of  nobility  from  the  king,  or  prince,  or  government 
of  any  other  country  ? 

A.  The  Government  does  not  interfere  with  private 
persons  j  but  no  person  holding  any  office  of  profit  or 


41 

&ust  under  the  republic  can  accept  of  either  a  title,  u 
sum  of  money  as  salary,  an  office,  or  even  a  present, 
from  any  such  prince  or  government,  without  the  ex- 
press consent  of  Congress. 

Q.  Why  is  this  ? 

A.  To  guard  gainst  any  foreign  prince  getting  influ- 
ence over  those  who  are  in  power  among  us,  by  briber 
of  any  kind  ;  a  title  would  .  be  a  better  bribe  to  some 
men  than  money. 

Q.  You  said  that  when  the  states  entered  into  that 
agreement  by  which  they  set  up  a  General  Government 
over  them  all,  they  had  each  a  perfect  right  to  govern 
themselves  as  free,  sovereign  and  independent  States  : 
and  that  they  gave  up  a  part  of  their  power  to  the  Gen- 
eral Government,  and  kept  the  rest  of  it  in  their  own 
kands.     What  are  the  powers  which  they  gave  up  ? 

A.  The  power  of  making  treaties,  (that  is  bargains  or 
agreements  with  other  nations)  alliances,  (that  is  agree- 
ments with  some  other  country,  that  the  two  shall  help 
each  other,  in  something  they  wish  to  accomplish,  or  in 
avoiding  some  common  danger ;)  and  confederations. 
(that  is  agreements  among  several  different  countries^ 
that  they  shall  all  join  together  in  some  object  for  their 
common  benefit.)  None  of  these  acts  can  now  be  per- 
formed by  any  one  of  the  states,  separately,  but  must  be 
done  only  for  the  whole  by  the  General  Government. 

Q.  What  other  powers  did  they  give  up  ? 

A.  The  right  to  grant  letters  of  marque  and  reprisal ; 
the  right  to  coin  money ; — (both  these  have  been  ex- 
plained ;) — the  right  to  emit  bills  of  credit ;  (that  is,  ta 
4* 


42 

issue  printed  promises  to  pay  certain  sums  of  money  ou 
the  credit  of  the  state,  the  same  as  a  Bank  issues  Bank 
notes,) — to  make  any  thing  but  gold  and  silver  a  lawful 
tender  in  the  payment  of  debts. 

Q.  What  does  that  mean  ? 

A.  When  one  man  owes  another,  and  goes  to  him 
and  offers  him  money  to  the  full  amount  of  his  debt,  that 
is  called  a  tench?-;  (or  offer)  ;  and  if  the  money  is  such 
as  the  law  says  shall  pass,  it  is  a  lawful  tender  ;  and  if 
the  man  refuses  it,  he  can  never  sue  the  other  for  that 
debt,  nor  is  the  debtor  obliged  to  pay  it.  Now,  though 
money  is  commonly  made  of  gold  and  silver,  yet  some- 
times a  Government  may  make  a  law  by  which  certain 
printed  notes  are  to  pass  the  same  as  gold  and  silver  ; 
and  after  such  a  law,  that  kind  of  printed  notes  are  a 
lawful  tender  to  pay  debts  with.  (This  kind  of  paper 
was  issued  by  Congress  in  our  revolution.)  The  states, 
by  the  Constitution,  gave  up  the  power  to  do  this,  and 
now  it  can  be  done  by  the  General  Government  only. 

Q.  Did  the  states  give  up  any  other  power  ? 

A,  They  are  forbidden  by  the  Constitution,  in  the 
same  manner  that  Congress  is,  to  pass  any  bill  of  attain- 
der, or  ex-post-facto  law,  or  grant  any  title  of  nobility, 
nor  can  they  make  any  law  which  shall  "  impair  the  ob- 
ligation of  contracts." 

Q.  What  does  that  mean  ? 

A,  It  means  that  when  a  bargain  has  been  made  be- 
tween any  two  parties,  by  which  one  agrees  and  binds 
himself  to  do  some  particular  thing  not  then  forbidden  by 
lawi  the  state  in  which  this  agreement,  or  contract,  was 


43 

made  shall  not  afterwards  make  any  law  by  which  the 
person  who  thus  bound  himself  shall  be  set  free  from  any 
part  of  that  bargain  without  the  consent  of  the  other 
party,  with  whom  he  made  the  contract. 

Q.  What  else  are  the  states  forbidden  to  do  ? 

A.  They  cannot  lay  any  duty  on  exports  or  imports. 

Q.  May  they  not  lay  enough  duty  to  pay  for  the  ex- 
penses of  collecting  the  duties  laid  by  Congress  ? 

«/Z.  Yes,  but  no  more ;  and  if  more  is  received  than 
is  wanted  for  this  use,  it  must  be  paid  into  the  Treasury 
©f  the  United  States. 

Q.  May  any  of  the  States  lay  a  tonnage  duty ;  that 
is,  require  a  sum  of  money  to  be  paid  by  every  vessel 
entering  any  of  the  harbors  in  that  State  ? 

A.  No. 

Q.  May  they  keep  soldiers  whom  they  pay,  in  time 
©f  peace  ? 

A.  No. 

Q.  May  they  keep  ships  of  war,  in  time  of  peace  f 

A.  No. 

Q.  May  one  State  enter  into  an  agreement  with  ano- 
ther State  ? 

A.  No. 

Q.  May  they  make  a  treaty  or  agreement  with  any 
other  nation  ? 

A.  No. 

Q.  May  they  make  war  ? 

A.  No  ;  not  unless  an  enemy  has  entered  then- 
bounds,  or  is  in  such  danger  of  entering,  that  there  is 
no  time  to  wait  for  the  aid  of  the  General  Government. 


44 

Q.  Why  did  the  States  give  up  all  these  powers  ? 

A.  Because  they  could  be  better  protected  by  one 
powerful  Government  ruling  over  them  all  united  than 
they  could  have  been,  if  they  had  remained  separate ; 
and,  if  they  would  have  such  a  Government,  they  must 
consent  each  to  give  up  a  part  of  their  own  power,  in 
order  to  make  it ;  if  the  General  Government  had  no 
power,  it  would  be  of  no  use. 

Q.  Who  executes  the  laws  which  Congress  have  made, 
that  is,  who  takes  care  that  every  body  shall  obey  the 
laws  ? 

A.  The  President  of  the  United  States. 

Q.  Can  he  make  the  law  ? 

A.  Not  at  all.  These  two  powers,  of  making  law, 
and  executing  law,  are  kept  by  the  Constitution,  entirely 
separate  ;  the  power  that  makes  the  law  cannot  execute 
it,  and  the  power  that  "executes  the  law  cannot  make  it. 
(The  one  of  these  powers  is  called  the  Legislative,  and 
the  other  is  called  the  Executive  power. 

Q.  Is  there  any  advantage  in  this  ? 

A.  Certainly ;  it  is  the  great  safeguard  of  freedom ; 
because,  if  the  one  makes  oppressive  laws,  the  other  may 
refuse  to  execute  them;  or,  if  the  one  wishes  to  do  tyran- 
nical acts,  the  other  may  refuse  to  make  a  law  for  them. 

Q.  How  does  any  man  become  President  of  the 
United  States  ? 

A.  He  is  elected  [chosen]  by  the  people  of  the  Unit- 
ed States. 

Q.  How  is  this  done ;  do  the  people  themselves  at 
emce  choose  the  President  ? 


45 

A.  No  ;  this  might  lead  to  great  confusion.  But  the 
people  choose  the  Legislatures  of  the  different  States, 
these  Legislatures  appoint  electors,  and  those  electors 
choose  the  President. 

Q.  Explain  this  more  particularly. 

A.  You  know  what  is  meant  by  the  Legislatures  of 
the  States  ;  they  consist  of  persons  chosen  in  each  State 
to  make  the  State  laws.  These  persons,  when  met 
together,  appoint,  in  any  way  they  think  proper,  a  num- 
ber of  persons  who  are  called  Electors,  because  they 
afterwards  choose  the  President. 

Q.  How  many  of  these  Electors  of  President  are 
appointed  in  each  State  ? 

A.  As  many  as  the  state  has  members  in  both  Houses 
of  Congress.  For  instance  ;  a  state  which  is  entitled 
to  two  Senators  and  eight  members  of  the  House  of 
Representatives  must  appoint  ten  electors  of  President ; 
a  state  which  has  two  Senators  and  twenty  members  of 
the  House  of  Representatives,  must  appoint  twenty-two 
electors. 

Q.  May  any  person  they  please  be  appointed  an 
elector  ? 

A.  Not  every  person  may ;  Senators  of  the  United 
States,  members  of  the  House  of  Representatives,  and 
all  persons  who  hold  any  office  of  trust  or  profit  under 
the  United  States,  are  incapable  of  being  electors  of  the 
President. 

q.  Why  ? 

A,  For  fear  any  President  of  the  United  States  might 
use  improper  means  to  get  himself  chosen  again  when 


40 

bis  time  of  service  should  expire.  The  President  has 
frequent  opportunities  to  see  the  members  of  Congress 
and  persuade  them  ;  and  as  he  himself  has  the  appoint- 
ment of  most  persons  who  hold  offices,  he  might  threat- 
en to  remove,  or  promise  to  keep  them  in  their  places, 
and  thus  destroy  their  freedom  of  election. 

Q.  How  do  these  electors  proceed  ? 

A.  The  electors  appointed  by  each  state  meet  in  the 
states  that  appointed  them,  and  vote  by  ballot  for  the 
President,  and  for  another  officer  called  the  Vice  Presi- 
dent of  the  United  States.  The  electors  all  meet  on 
one  and  the  same  day  in  their  several  states ;  the  day  is 
fixed  by  Congress. 

Q.  What  do  you  mean  by  voting  by  ballot6} 

A.  When  it  is  wished  to  conceal  the  manner  in  which 
each  particular  person  voted,  and  yet  to  know  what  is 
the  opinion  of  the  greater  number  of  voters,  the  voters 
instead  of  speaking  their  minds,  put  each  a  piece  of 
folded  paper  into  a  box  ;  these  papers  are  called  ballots, 
and  when  all  have  voted,  these  ballots  are  examined  and 
counted. 

Q.  May  both  the  persons  whom  the  electors  of  any 
state  vote  for,  as  President  and  Vice  President,  be  na- 
tives of  that  state  in  which  they  are  voted  for  ? 

A.  No ;  only  one  of  them  ;  the  other  must  be  a  na~ 
tive  of  some  other  state. 

Q.  How  do  they  distinguish  which  of  the  persons  is 
voted  for  as  President  and  which  as  Vice  President  ? 

A,  The  ballots  are  taken  separately,  on  different 
pieces  of  paper,  and  it  is  besides  written  on  the  ballet- 


47 

whether  the  person  is  voted  for  as  the  one  or  as  the  other. 
Separate  lists  are  kept  in  which  they  put  down  the 
names  of  all  the  persons  who  are  voted  for,  either  as 
President  or  as  Vice  President,  and  the  number  of  votes 
given  for  each  ;  these  lists  are  signed  by  the  electors, 
and  then  sealed  up  and  sent  to  the  seat  of  government 
directed  to  the  President  of  the  Senate.  For  the  great- 
er security,  two  copies  are  made,  one  of  them  is  sent 
by  the  mail,  and  another  by  a  messenger,  sent  for  the 
express  purpose  of  carrying  it. 

Q.  What  does  the  President  of  the  Senate  do  with 
these  lists  ? 

A.  He  opens  them  in  the  presence  of  the  Senate  and 
the  House  of  Representatives,  who  are  all  met  in  one 
hall  to  be  present  when  the  votes  are  counted.  Each 
House  appoints  some  of  its  own  members  who  unite  in  a 
committee  and  count  all  the  votes;  when  the  person 
having  the  greatest  number  of  votes  for  President  is  de- 
clared to  be  the  President,  and  he  who  has  the  most  votes 
for  Vice  President  is  declared  Vice  President  of  the 
United  States. 

Q.  Suppose  no  one  person  has  a  majority  (that  is 
more  than  half)  of  all  the  votes  for  President,  is  the  per- 
son who  has  the  most  votes  considered  as  chosen  f 

A.  No. 

Q.  What  is  done  in  that  case  ? 

A,  The  House  of  Representatives  immediately  pro- 
ceed to  choose,  by  ballot,  from  those  persons,  not  more 
than  three,  who  stand  the  highest  on  the  list  of  votes  for 
President,  one  to  be  President  of  the  United  States. 


0 


48 

Q.  Are  they  bound  to  choose  the  person  who  has 
most  votes  ? 

A,  No;  they  may  take  either  one  of  those  three  per- 
sons who  have  the  most  votes. 

(£.  Do  they  vote,  on  this  occasion,  in  a  different  man- 
ner from  what  they  do  on  all  other  occasions  ? 

A.  Yes ;  in  choosing  the  President  they  vote,  not  by 
single  members,  but  by  States  ;  that  is,  each  State  has 
one  vote  only,  whether  its  Representatives  are  many  or 
few  ;  and  a  majority  of  the  whole  number  of  States  is 
necessary  to  a  choice. 

Q.  Must  all  the  States  vote  ? 

A.  All  may  vote  if  they  are  present  and  desire  it ; 
but  if  only  two  thirds  of  the  States  vote,  the  election  is 
good . 

Q.  Suppose  the  House  of  Representatives  cannot,  or 
do  not,  choose  any  one,  must  there  be  no  President  ? 

A,  In  that  case,  the  Vice  President  must  perform  the 
duty  of  President. 

Q.  If  neither  of  the  persons  voted  for  by  the  Electors 
as  Vice  President  has  a  majority  of  all  their  votes,  what 
is  done  ? 

A.  The  Senate  then  chooses  one  of  the  two  persons 
who  have  the  most  votes.  A  majority  of  the  whole 
number  of  Senators  is  necessary  to  the  choice,  but  two 
thirds  of  their  number  is  sufficient  to  vote. 

Q.  May  any  person  be  chosen  President  of  the  United 
States  ? 

A.  Not  every  person  ;  none  may  be  chosen  unless 
he  has  been  born  in  the  United   States,  or  was  a  citizen 


49 

when  the  Constitution  Was  agreed  to,  nor  can  such  a 
one  be  chosen  if  he  is  less  than  thirty-five  years  old,  or 
if  he  has  not  resided  within  the  United  States  for  four- 
teen years. 

Q.  May  any  person  be  chosen  Vice  President  ? 

A.  No  one  may  be  chosen  as  Vice  President  who 
is  forbidden  by  the  above  rule  to  be  chosen  as  Presi- 
dent. 

Q.  Suppose  t  *e  President  of  the  United  States  should 
die,  or  should  be  put  out  of  office,  or  should  resign  his 
office,  or  should  from  any  cause  be  unable  to  do  the 
duties  which  belong  to  it,  what  is  to  be  done  ? 

A.  His  duties  must  then  be  performed  by  the  Vice 
President. 

Q.  But  suppose  the  same  thing  should  have  happen- 
ed to  the  Vice  President  also  ? 

A.  Then  the  Congress  must  declare  by  law  who  shall 
perform  the  duties  till  another  President  is  chosen,  or 
till  the  President  is  again  able  to  perform  them  himself. 

Q.  Does  the  President  receive  any  thing  for  his  ser- 
vices ? 

A.  The  honor  of  filling  so  high  and  honorable  a  sta- 
tion by  the  choice  of  a  great  and  free  people,  and  the 
glory  of  leaving  his  name  in  their  history  as  the  faithful 
friend  and  father  of  his  country,  is,  of  itself,  enough  to 
fill  the  wishes  flf  the  most  aspiring  mind,  and  no  doubt 
the  place  would  be  sought  as  eagerly  as  it  now  is,  though 
not  a  dollar  should  be  given  to  the  man  who  fills  it ;  but 
because  his  station  exposes  him  to  great  expenses  he  is 
allowed  a  salary  sufficient  to  meet  them. 
5 


50 

Q.  What  is  the  amount  of  the  President's  salary,  that 
is,  the  sum  of  money  paid  him  by  the  United  States 
every  year  ? 

A.  It  is  at  present  fixed  at  twenty-five  thousand  dol- 
lars. 

<£.  May  he  receive  any  other  money  from  the  United 
States,  or  from  any  one  State  ? 

A.  No  ;  he  is  expressly  forbidden  to  receive  any 
other  sum  of  money  than  his  salary. 

Q.  Why  ? 

A.  Lest,  if  any  State  allowed  him  money,  he  might 
be  led  to  favor  that  State  more  than  the  others  ;  and  lest, 
if  he  was  suffered  to  receive  other  sums  from  the  United 
States,  he  might  amass  so  much  money  as  should  make 
him  a  dangerous  citizen  to  a  free  country. 

Q.  Does  the  President  take  any  oath  before  he  en- 
ters upon  his  office  ? 

A.  Yes. 

Q.  What  is  an  oath  ? 

A.  It  is  a  solemn  calling  upon  God,  who  knows  th* 
hearts  of  all  men,  and  will  call  every  man  to  account  for 
his  conduct  in  this  world,  to  bear  witness  that  what  a 
man  says  is  true,  or  that  what  he  promises  he  means  to 
perform. 

Q.  What  is  the  President's  oath  of  office  ? 

A.  It  is  in  these  words — "  I  do  solemnly  swear,  that 
I  will  faithfully  execute  the  office  of  President  of  the 
United  States  ;  and  will,  to  the  best  of  my  ability,  pre- 
serve, protect,  and  defend  the  Constitution  of  the  Unit- 
ed States." 


51 

(^.  What  are  the  powers  which  belong  to  the  Presi- 
dent i 

A.  He  is  commander  in  chief,  both  of  the  army  and 
navy  ;  every  officer  of  both,  from  the  highest  to  the  low- 
est, is  obliged  to  obey  his  orders. 

Q.  Are  the  officers  of  the  militia  obliged  to  obey 
them  ? 

A.  Yes,  whenever  the  militia  are  called  out  in  the  ser- 
vice of  the  United  States ;  (at  other  times  they  are  under 
the  command  of  the  Governors  of  their  own  States.) 

Q.  Has  he  any  other  powers  ? 

A.  Yes;  he  may  grant  reprieves  and  pardons  for 
offences  against  the  United  States. 

Q.  What  is  a  reprieve  ? 

A.  When  a  person  has  been  tried,  found  guilty,  and 
condemned  to  be  punished  on  a  certain  day,  a  reprieve 
is  a  putting  off  of  the  punishment  to  some  other  time. 

Q.  What  is  a  pardon  ? 

A.  It  is  the  delivering  of  a  condemned  person  from 
the  punishment  of  his  offence.  A  reprieve  only  delays 
punishment ;  a  pardon  prevents  it  entirely. 

Q.  May  the  President  do  this  in  all  cases  of  offences 
against  the  United  States  ? 

A.  In  all  cases,  except  cases  of  impeachment. 

Q.  What  other  powers  has  he  ? 

A.  He  has  a  very  solemn  power,  that  of  making 
Treaties  for  the  United  States  with  other  nations. 

Q.  Why  is  this  so  solemn  a  power  ? 

A.  Because  a  treaty  is  the  supreme  law  of  the  land,  and 
usually  concerns  matters  of  great  importance  to  us  all. 


52 

Q.  Is  nobody  joined  with  the  President  in  this  pow- 
er ?  or  may  he  make  any  agreement  he  thinks  fit,  with 
other  nations  ? 

A.  This  power  is  so  great  and  weighty,  that  the  Con- 
rtitution  will  entrust  it  to  no  one  man.  Even  the  Presi- 
dent cannot  make  a  treaty  without  the  consent  of  the 
Senate  of  the  United  States ;  nor  is  it  sufficient  that  a 
majority  of  the  Senate  agree  to  it ;  two  thirds  of  all  the 
Senators  who  are  present  when  the  vote  is  taken,  must 
agree  to  any  treaty,  before  it  is  binding  on  the  United 
States. 

Q  Has  the  President  any  other  power  ? 

A.  Yes  ;  powers  of  nomination  and  appointment. 

Q.  What  do  you  mean  by  this  ? 

A,  When  persons  are  to  be  employed  to  do  the  du- 
ties of  certain  great  public  offices,  none  can  be  so  em- 
ployed but  those  whom  the  President  first  nominates ; 
that  is,  proposes  to  the  Senate,  and  whom  the  Senate 
consent  to  have  employed  ;  and  when  the  Senate  has 
given  this  consent,  the  persons  cannot  act  in  their  office 
till  they  receive  orders  to  do  so  from  the  President ; — 
such  an  order  is  called  their  appointment,  and  when  put 
in  writing  it  is  called  their  commission. 

Q.  What  officers  are  appointed  in  this  manner  ? 
A.  Ambassadors  and  foreign  Ministers ;  (that  is,  per- 
sons sent  by  the  United  States  to  the  Government  of 
some  other  nation,  either  to  prepare  some  public  treaty, 
or  to  reside  there  as  the  representative  of  this  country). 
Consuls,  (persons  sent  by  this  country  to  reside  in  the 
ports  of  other  nations,  to  protect  our  commerce;  that  is, 


to  see  that  our  vessels,  our  sailors,  and  the  property  oi 
our  merchants,  are  properly  treated  there,  according  to 
the  treaties  and  laws  of  both  countries).  Judges  of  the 
Supreme  Court,  and  all  other  officers  of  the  United 
States,  except  those  who  are  expressly  ordered  by  the 
Constitution  to  be  appointed  by  some  other  person  than 
the  President. 

Q.  May  the  President  appoint  any  officer  without  the 
consent  of  the  Senate  ? 

A.  Yes,  if  Congress  makes  a  law  giving  him  the  pow- 
er ;  but  this  applies  only  to  inferior  officers,  that  is,  such 
as  have  other  officers  over  them. 

Q.  May  Congress  give  the  appointment  of  such  offi- 
cers to  any  other  than  the  President  ? 

A.  Yes ;  it  may  give  it  to  the  Courts  of  Law,  or  to 
the  Heads  of  Departments. 

Q.  What  do  you  mean  by  the  Heads  of  Depart- 
ments ? 

A.  This  name  is  given  to  certain  officers  who  have 
the  chief  care  under  the  President,  of  the  four  great 
branches  of  the  Government,  called  the  Executive  De- 
partments ;  and  who  are  called  the  Secretary  of  State, 
the  Secretary  of  the  Treasury,  the  Secretary  of  War, 
and  the  Secretary  of  the  Navy. 

Q.  Are  the  duties  of  these  officers  declared  by  the 
Constitution  ? 

A.  No  ;  but  by  a  law  of  Congress.  They  are,  how- 
ever, persons  of  great  importance  in  our  government. 
The  Secretary  of  State  attends  to  every  thing  which 
concerns  our  affairs  with  other  nations;  and  also  to  those 
5* 


54 

01  the  General  Government  with  the  Governments  of  the 
different  States ;  the  Secretary  of  the  Treasury  attends 
to  all  that  concerns  the  money  of  the  United  States  ;  the 
Secretary  of  War  manages  the  business  of  the  army  ;  and 
*he  Secretary  of  the  Navy  that  which  concerns  our  ves- 
sels of  war.  All  these  officers  are,  however,  under  the 
control  of  the  President;  he  may  require  their  opinion 
in  writing  on  any  subject  that  belongs  to  their  different 
departments,  but  he  is  not  bound  by  it  ;  he  may  also 
dismiss  them  from  office. 

Q.  Suppose  any  of  the  officers  whom  the  President 
has  appointed  by  the  consent  of  the  Senate  should  die, 
or  should  resign  his  office,  while  the  Senate  is  not  sit- 
ing )  what  is  to  be  done  ? 

A.  The  President  may  appoint  another  person  in  his 
place  who  shall  hold  the  office  till  the  end  of  the  next 
meeting  of  the  Senate. 

Q.  What  are  the  duties  of  the  President  r 

A.  He  must  from  time  to  time  give  information  to 
Congress  of  the  state  of  the  United  States. 

Q.  Does  he  know  what  is  the  state  of  the  nation  bet- 
ter than  the  Members  of  Congress  ? 

A.  Yes  ;  his  office  is  such  that  he  has  a  better  oppor- 
tunity of  knowing  it.  Each  Member  of  Congress  resides 
only  in  one  State,  but  the  President  resides  at  a  spot  in 
the  middle  of  them  ail.  It  is  the  duty  of  all  officers  be- 
low him,  to  send  reports  of  the  various  affairs  in  which 
they  are  employed,  to  one  or  other  of  the  Heads  of 
Departments,  and  these  lay  all  the  knowledge  they  thus 
obtain,  before  the  Presiut  a  for  his  direction  and  assis- 


55 

tance  in  the  many  and  great  duties  he  has  to  perform. 
He  is,  therefore,  of  all  other  persons,  best  acquainted 
with  the  general  concerns  of  this  nation. 

Q.  When  does  he  lay  this  information  before  Con* 
gress. 

A.  He  makes  a  very  full  statement  of  it  when  they 
first  meet,  in  what  is  usually  called  the  President's 
Speech;  and  from  time  to  time,  while  the  two  Houses 
are  met,  he  sends  to  each  of  them  messages,  in  which 
he  gives  more  particular  statements  than  he  could  do  in 
his  first  general  speech. 

Q.  Suppose  Congress  wish  to  know  from  the  Presi- 
dent something  which  he  has  not  told  them  in  his  speech 
or  messages,  may  they  call  upon  him  to  communicate  it? 

A.  Yes,  and  if  he  does  not  think  that  the  public  good 
requires  it  to  be  kept  secret,  he  always  answers  the  call,. 
and  gives  them  the  knowledge  they  desired,  if  he  can 
do  so. 

Q.  Does  he  do  more  than  communicate  information 
to  the  Congress  ? 

A.  Yes  ;  his  duty  is  also  to  recommend  to  them  such 
things  as  he  thinks  will  be  for  the  advantage  of  the 
country. 

Q.  Are  they  obliged  to  do  as  he  advises  ? 

A.  No.  They  pay  respectful  attention  to  what  he 
says  to  them,  and  listen  to  the  reasons  he  gives  in.  favor 
of  the  measures  he  recommends,  but  they  are  at  full 
liberty  to  follow  their  own  judgement  in  ail  cases. 

(j>.  Is  it  to  be  desired  that  Congress  should  always 
comply  with  the  advice  of  the  President  ? 


56 

A.  No ;  for  then  his  advice  would,  in  time,  come  to 
have  the  authority  of  a  command  ;  it  would  be  the  Pres- 
ident and  not  Congress  who  made  the  laws  ;  and  the 
liberty  of  the  country  would  be  in  the  greatest  danger. 
There  is  no  more  dangerous  despot  than  one  who  can 
make  his  will  obeyed,  and  yet  preserve  the  forms  of  a 
free  government.  Augustus  Caesar  ruled  the  whole 
Roman  Empire  with  absolute  sway,  yet  did  every  thing 
by  resolves  of  the  Senate,  as  if  Rome  was  Iree. 

Q.  Suppose  some  very  important  matter  should  hap- 
pen while  Congress  is  not  met,  can  the  President  call 
them  together  ? 

A.  Yes.  He  can  call  either  both  Houses,  or  only 
one ;  if  any  law  is  to  be  made,  both  Houses  must  be 
called  ;  if  only  a  treaty  or  an  appointment  is  to  be  made, 
the  Senate  only  need  be  assembled. 

Q.  Suppose,  when  both  Houses  are  met,  they  should 
find  themselves  unable  to  agree  about  the  time  at  which 
they  will  adjourn,  (that  is,  cease  to  meet)  can  the  Presi- 
dent end  the  dispute  ? 

A.  Yes,  by  adjourning  both  Houses. 

Q.  In  that  case,  when  are  they  to  meet  again? 

A.  At  any  time  the  President  fixes,  when  he  adjourns 
them. 

Q.  What  other  duty  is  required  of  the  President  ? 

A.  He  must  receive  all  ambassadors  and  foreign  min- 
isters ;  that  is,  persons  sent  by  other  nations  to  make 
treaties  with  us,  or  to  reside  here  as  representatives  of 
their  own  government. 

Q.  Has  he  any  other  duty  ? 


bl 


A.  Yes,  he  has  one  great,  general,  and  constant  duty 
for  which  all  this  power  is  put  at  his  command, — it  is 
to  take  care  that  the  laws  shall  be  faithfully  executed  ; 
that  is,  that  whatever  Congress  orders  shall  be  done,  and 
that  whoever  disobeys  the  laws  shall  be  punished. 

Q.  May  he  be  punished  himself? 

A.  We  have  already  seen  that  every  civil  officer  of 
the  United  States  may  be  impeached  by  the  House  of 
Representatives,  tried  before  the  Senate,  and,  if  guilty, 
may  be  turned  out  of  office.  The  crimes  for  which  this 
is  done  are  chiefly  treason  and  bribery.  Treason,  we 
said,  is  making  war  against  the  United  States,  by  en- 
deavoring to  resist  or  overturn  the  government ;  bribery 
means  the  unlawful  taking  of  money  by  an  officer  for 
doing  or  omitting  some  act  of  his  office. 

Q.  Does  not  every  officer  receive  money  for  doing 
the  duties  of  his  office  ? 

A.  Yes,  the  law  allows  him  a  certain  sum  ;  but  a  bribe 
is  something  more  than  this,  given  him  not  by  the  United 
States,  but  by  somebody  who  wishes  him  to  favor  them 
in  the  exercise  of  his  power  as  a  public  officer.  It  is 
wicked  to  offer  a  bribe,  it  is  still  worse  to  accept  one. 

Q.  Can  there  be  no  bribery  but  by  means  of  money  ? 

A.  Yes  ;  bribes  may  be  offered  in  various  shapes; 
any  benefit  or  advantage  offered  to  an  officer  for  an  im- 
proper end  is  a  bribe. 

(£.  What  do  you  understand  by  a  Court  ? 

A.  A  place  where  a  Judge  sits  to  hear  and  determine 
causes  according  to  law. 

Q.  Are  Courts  necessary  f 


58 

A.  Certainly.  Wherever  laws  are  made  there  must 
be  some  way  of  determining  when  they  have  been  dis- 
obeyed, and  of  causing  those  who  disobey  them  to  be 
punished.  This  is  the  use  of  a  Court  and  of  a  Judge. 
When  one  person  believes  that  another  has  broken  the 
laws,  to  his  injury,  or  to  the  injury  of  the  public,  he  may 
cause  that  person  to  appear  before  a  Judge  and  have  it 
determined  by  witnesses,  whether  he  has  broken  the 
laws  or  not ;  and  if  he  has,  he  is  forced  to  suffer  such 
a  punishment  as  the  law  directs. 

Q.  Are  there  Courts  in  every  State  of  the  United 
States  ? 

A.  Yes.  Each  State  appoints  Judges  of  its  own  to 
see  that  its  laws  are  executed. 

Q.  Are  there  also  other  Courts  belonging  to  no  par- 
ticular State  but  to  the  United  States  ? 

A.  Yes. 

Q.  Are  all  these  Courts  equal,  or  is  one  superior  to 
another  ? 

A.  They  are  not  all  equal — but  in  each  State  some 
of  the  State  Courts  are  set  over  others ;  and  so  it  is  with 
the  Courts  of  the  United  States. 

Q.  Why  are  they  not  all  equal  ? 

A.  Some  are  set  over  others,  in  order,  that  if  one 
makes  any  mistake  it  may  be  corrected  by  that  above  it. 
When  a  citizen  thinks  he  has  been  wronged  in  a  lower 
Court,  he  may  take  his  cause  to  a  higher  one  ;  this  is 
called  an  appeal;  and  if  in  this  higher  Court,  he  still 
thinks  he  is  wronged,  he  may  appeal  to  a  court  higher  still, 
until  he  has  got  to  the  highest  Court  in  his  own  State. 


59 

Q.  Can  he  take  his  cause  from  the  State  Courts  to 
the  Courts  of  the  United  States  ? 

A.  No ;  not  unless  his  cause  has  to  do  with  a  law 
made  by  a  State,  which  as  he  supposes  is  contrary  to 
the  Constitution  of  the  United  States.  That  question 
can  be  settled  only  by  the  Supreme  Court  of  the  United 
States. 

Q.  Suppose  his  cause  has  to  do  with  a  law  of  the 
United  States  and  not  a  State  law  ? 

A.  He  must  go  at  once  to  the  Courts  of  the  United 
States. 

Q.  What  are  these  ? 

A.  They  consist  of  one  Supreme  Court,  (the  highest 
of  all,)  and  of  such  other  Courts,  under  this,  as  Congress 
may  irom  time  to  time  establish. 

Q.  Has  Congress  established  any  ? 

A.  Yes — it  has  appointed  some  which  are  called  Cir- 
cuit Courts  of  the  United  States;  and  others,  below 
these,  which  are  called  District  Courts  of  the  United 
States. 

Q.  What  Judges  sit  in  the  Circuit  Courts  of  the  Unit* 
ed  States  ? 

A.  The  Judges  of  the  United  States  Supreme  Court. 
Q.  What  Judges  sit  in  the  District  Courts  of  the  Unit- 
ed States  ? 

A,  District  Judges. 

Q.  What  kind  of  causes  are  tried  in  the  Courts  of  the 
United  States? 

A.  Any  cause  must  be  tried  there  in  which  the  dis- 
pute is  about  the  true  meaning  of  any  part  of  the  Con- 
stitution. 


60 

q.  What  else? 

A.  All  causes  under  the  laws  of  the  United  States. 

Q.  Any  others  ? 

A.  Yes ;  all  which  depend  upon  treaties  between  the 
United  States  and  other  nations. 

Q.  What  other  causes  ? 

A.  All  in  which  Ambassadors  or  other  public  Minis- 
ters, or  Consuls,  sent  to  the  United  States  by  other  gov- 
ernments, are  parties  concerned. 

Q.  What  others? 

A.  All  causes  which  concern  the  taking  or  detaining 
of  ships  at  sea,  and  all  which  concern  crimes  committed 
at  sea,  or  in  harbors,  or  rivers — or  in  forts  and  dock- 
yards, belonging  to  the  United  States. 

Q.  What  other  causes  are  tried  in  these  Courts  ? 

A.  All  disputes  in  which  the  United  States  is  a  party  ; 
all  disputes  between  one  State  and  another  State  ;  all  in 
which  one  of  the  States  sues  any  person  that  is  the  citi- 
zen of  another  of  the  States  ;  all  in  which  a  citizen  of 
one  State  sues  a  citizen  of  another  State  ;  all  in  which 
citizens  of  one  and  the  same  State  lay  claim  to  land  un- 
der grants  of  different  States  ;  all  in  which  one  of  the 
States  sues  a  citizen  of  some  foreign  country  ;  and  all  in 
which  citizens  of  the  United  States,  and  citizens  of  any 
©ther  country  sue  each  other.  But  not  where  citizens 
of  one  State  sue  another  State ;  or  where  citizens  or 
subjects  of  a  foreign  State  sue  one  of  the  States  of  the 
Union. 

Q.  Must  all  causes  of  these  several  kinds  be  begun  in 
one  of  the  inferior  courts  of  the  United  States,  or  may 


61 

any  of  them  be  commenced  at  once  in  the  Supreme 
Court  ? 

A.  All  cases  which  have  to  do  with  ambassadors, 
public  ministers,  and  consuls  ;  and  all  those  in  which  one 
of  the  States  is  a  party,  may  be  begun  in  the  Supreme 
Court ;  the  others,  after  being  commenced  in  the  infer- 
ior Courts  of  the  United  States,  may  be  removed  to  the 
Supreme  Court  by  an  appeal ; — but  this  is  submitted  to 
the  regulation  of  Congress,  who  may  determine  by  law 
when  it  maj  ue  done,  *<md  in  what  manner. 

Q.  How  are  the  Judges  of  the  Courts  of  the  United 
States  appointed  ? 

A.  By  the  President,  with  the  advice  and  consent  of 
the  Senate. 

Q.  How  long  do  they  remain  in  office  ? 
A.  During  good  behavior ;  that  is,  until  they  resign 
their  office  or  are  turned  out  of  it  for  some  great  offence. 
Q.  Why  are  not  Judges  elected  from  time  to  time, 
like  Members  of  the  House  of  Representatives  and  Sen- 
ators ?  and  why  may  they  not  be  removed  from  their 
offices  unless  they  are  proved  to  be  guilty  of  great 
offences  ? 

A.  If  Judges  held  their  places  at  the  mere  good  plea- 
sure of  the  people,  they  would  be  greatly  tempted  to 
act  in  a  partial  and  improper  manner  in  order  to  please 
those  who  chose  them  to  office,  and  to  keep  their  favor ; 
but  when  they  know  that  no  man  or  number  of  men  can 
turn  them  out  of  office  so  long  as  they  do  their  duty, 
they  administer  justice  without  fear  and  with  an  equal 
regard  to  all  who  ask  it. 
6 


62 

Q.  Why  tben  should  not  Legislators  hold  their  office 
in  the  same  way  ? 

A.  Because  they  make  the  laws,  while  Judges  only 
explain  and  apply  them  ;  it  would  be  very  dangerous  to 
liberty  to  give  our  law  makers  power  for  life ;  they  re- 
quire restraint  lest  they  should  become  our  tyrants ; — 
therefore  their  time  of  office  is  made  short,  so  that  if  the 
people  think  them  unwise  or  unfaithful  they  may  refuse 
to  give  them  the  office  again. 

Q.  You  said  that  the  use  of  Courts  was  to  determine 
when  the  laws  have  been  disobeyed,  and  causing  those 
who  have  disobeyed  them  to  be  punished.  How  do 
Courts  answer  this  end  ? 

A.  When  a  person  is  charged  with  having  done  some- 
thing to  his  neighbor,  or  to  the  State,  which  is  forbidden 
by-law,  the  fact  is  judged  of  by  a  Jury. 

Q.  What  do  you  mean  by  a  Jury  ? 

A.  A  company  of  citizens,  chosen  by  lot,  and  who 
have  no  interest  in  the  matter,  who  listen  to  the  proofs 
brought  against  the  person  accused,  and  who  then  agree 
among  themselves  whether  the  accusation  has  been  prov- 
ed or  not.  When  they  declare  this  agreement  in  opin- 
ion, it  is  called  their  verdict;  and  according  to  this,  the 
cause  is  decided. 

<^.  Is  this  a  wise  regulation  ? 

A.  Certainly.  The  trial  by  jury,  is  a  most  precious 
privilege — as  it  secures  to  every  man  a  fair  hearing, 
and  is  the  best  safe-guard  of  his  liberty,  property,  and 
life;  all  which  might  be  taken  from  him  by  a  partial 
or   corrupt  Judge,  if  that  officer  alone  had  to  decide 


63 

on  the  guilt  or  innocence  of  those  who  are  tried  before 
him. 

Q.  Does  a  Jury  decide  in  civil  suits  as  well  as  in 
criminal  prosecutions  ? 

A.  I  do  not  understand  the  difference  between  them. 

Q.  By  a  civil  suit,  I  mean  one  citizen's  calling  ano- 
ther into  court  to  answer  him  for  some  injury  committed 
against  him  ;  by  a  criminal  prosecution,  I  mean  a  citi- 
zen's being  brought  up  by  a  public  accuser  for  some 
crime  committed  against  society  at  large,  and  for  which 
he  is  liable  to  public  punishment. 

A.  A  jury  decides  in  both  cases.  When  an  officer 
of  the  United  States  is  impeached,  the  accuser  is  the 
House  of  Representatives,  and  the  jury  is  the  Senate ; 
but  in  ordinary  prosecutions  and  suits,  the  jury  consists 
of  twelve  persons,  residing  near  the  place  where  the  act 
was  committed. 

Q.  May  an  accused  person  be  tried  in  a  different 
State  from  that  where  the  criminal  act  was  committed  ? 

A.  No. 

<£.  Suppose  the  act  was  committed  at  sea,  or  in  some 
other  place  not  within  any  one  of  the  States  of  the  Union, 
where  must  the  trial  be  held  ? 

A.  Where  Congress  shall  have  appointed  by  law. 

Q.  Ought  all  the  public  acts  of  a  State,  and  of  all  its 
courts  and  officers,  to  be  recorded  in  writing  ? 

A.  Certainly ;  not  only  to  preserve  a  remembrance 
of  them,  but  that  those  persons  who  are  affected  by 
these  acts  may  be  able  to  show  proof  of  them,  and  if 
injured,  to  obtain  redress. 


64 

Q.  When  such  a  record  is  made  in  one  of  the  States, 
and  a  copy  of  it,  duly  proved,  is  given,  must  that  record 
be  received  as  proof  by  all  the  other  States  ? 

A.  Yes.  But  Congress  may  determine  by  law  in 
what  manner  the  record  shall  be  proved  for  this  pur- 
pose. 

Q.  When  a  citizen  of  one  State  goes  into  any  other 
State  of  the  Union,  may  he  be  treated  as  if  he  was  a 
foreigner  ?  or  may  any  difference  be  made  between  his 
privileges  and  those  of  the  citizens  of  that  State  ? 

A.  No.  He  shall  enjoy  every  privilege  which  they 
do. 

Q.  If  a  person  charged  with  a  crime  in  one  State, 
shall  flee  from  justice  into  the  bounds  of  another  State* 
is  he  safe  from  pursuit  and  trial  ? 

A.  No.  If  the  Governor  of  the  State  where  the 
crime  was  committed  applies  to  the  Governor  of  the 
State  where  he  has  taken  refuge,  the  latter  shall  cause 
him  to  be  delivered  up. 

Q.  Suppose  a  slave  in  one  State  shall  run  away  from 
his  master,  and  flee  into  another  State,  does  he  thereby 
become  free  ? 

A.  No.  On  application  of  his  master,  and  proof  of 
his  being  a  slave,  he  must  be  given  up. 

Q.  How  many  States  were  there  which  revolted  from 
Great  Britain  at  the  Revolution  ? 

A.  Thirteen. 

Q.  Did  they  all  agree  to  the  Federal  Constitution  at 
'he  time  it  went  into  operation  ? 

A.  Not  all,  but  the  rest  came  in  soon  after. 


65 

Q.  Was  it  then  expected  that  other  States  would  be 
formed  and  join  the  Union  ? 

A.  Yes,  and  provision  was  made  for  admitting  them. 

Q.  By  whom  were  they  to  be  admitted  ? 

A.  By  Congress. 

Q.  Is  their  number  limited  ? 

A.  No. 

Q.  Or  their  population  ? 

A.  Not  by  the  Constitution  ;  but  Congress  has  deter- 
mined that  a  district  or  territory  containing  sixty  thousand 
inhabitants  may  be  received  into  the  Union  as  a  State. 

Q.  Then  that  number  of  people  in  any  of  the  States 
may  be  erected  into  a  new  State  ? 

A.  No.  No  new  State  can  be  formed  within  the 
limits  of  a  State  already  formed. 

Q.  May  two  States  be  united  by  Congress  into  one  ? 
or  parts  of  two  States  be  erected  into  a  third  State  ? 

A.  Not  unless  the  Legislatures  of  both  such  States 
give  their  consent. 

Q.  When  the  Colonies  separated  from  Great  Britain 
was  their  territory  all  peopled  ? 

A.  No ;  large  tracts  of  land  in  several  of  the  States, 
remained  in  its  natural,  wild  state. 

Q.  When  the  States  united  under  the  Constitution. 
wThat  was  done  with  these  wild  lands  ? 

A.  They  were  given  up  by  the  several  States  that 
owned  them,  and  set  apart  as  common  property,  for  the 
good  of  the  whole. 

Q.  Who  has  power  to  govern  these  territories  as  they 
become  settled  ?  and  to  sell  the  land  to  settlers  ? 
6* 


66 

A.  The  Congress  of  the  United  States. 

Q.  Have  they  since  been  extensively  settled  ? 

A.  Yes.  Many  new  States  have  been  formed  within 
iheir  limits,  and  many  more  are  expected  to  be.  They 
are  in  the  mean  while  divided  into  several  distinct  por- 
tions called  territories,  each  of  which  has  a  form  of  gov- 
ernment suited  to  its  amount  of  population,  and  a  Dele- 
gate in  Congress  with  power  to  speak,  but  not  to  vote  in 
Jhat  body. 

Q.  Has  any  State  the  right  to  set  up  a  monarchical 
form  of  government  for  itself,  that  is  a  government  where 
the  supreme  power  is  in  the  hands  of  a  king  ? 

A.  No.  When  the  Colonies  united  they  were  all  re- 
publics, the  new  government  they  formed  for  the  Union 
was  republican,  and  they  then  secured  to  every  State 
which  had  joined  or  should  join  the  confederation,  a  re- 
publican form  of  government. 

Q.  Who  is  to  see  that  this  regulation  is  carried  into 
effect  ? 

A.  The  Congress. 

Q.  Does  Congress  secure  any  other  privilege  to  the 
different  States  ? 

A.  Yes.  It  must  protect  them  from  invasion  by 
an  enemy.  This  is  one  of  the  most  important  benefits 
of  our  Union  ;  each  State  has  the  protection  of  the 
whole. 

Q.  Should  unruly  persons  in  any  of  the  States  attempt 
by  violence  to  resist  and  overturn  the  State  Government, 
and  should  they  gain  such  strength  that  that  State  is  not 
able  to  quell  them,  must  Congress  interfere  ? 


67 

A.  Yes,  if  applied  to  by  the  Governor  or  Legislature 
of  such  State.  But  not  to  prevent  a  peaceable  alter- 
ation of  the  laws  attempted  in  a  regular  and  proper 
manner. 

Q.  The  majority  of  the  .people  of  any  State  may 
certainly  alter  its  laws,  provided  they  do  not  violate  the 
Constitution  :  but  may  the  Constitution  itself  be  altered  ? 

A.  Yes.  The  Constitution  being  nothing  more  than 
an  expression  of  the  will  of  the  people  of  the  United 
States,  is  at  all  times  within  their  own  power,  and  they 
may  change  it  as  they  like,  bui  it  ought  not  to  be  changed 
till  it  is  very  clearly  shown  to  be  the  wish  of  the  people. 

Q.  How  is  this  to  be  found  out? 

A.  When  two  thirds  of  the  members  both  of  the  Sen- 
ate and  of  the  House  of  Representatives  shall  agree  in 
opinion  that  an  alteration  would  be  proper,  they  may 
state  such  alteration  and  propose  it  to  be  considered  by 
ihe  people  of  all  the  States.  The  alteration  must  then 
be  considered  by  the  Legislature  of  each  of  the  States, 
or  by  a  Convention  in  each  State,  (which  is  a  meeting 
of  persons  chosen  by  the  people  for  this  particular 
purpose)  ;  and  if  three  fourths  of  the  States  agree 
to  the  amendment,  it  then  becomes  a  part  of  the  Con- 
stitution. 

Q.  But  if  three  fourths  of  the  States  should  thus 
agree  to  an  amendment  which  would  deprive  the  re- 
maining States  against  their  will  of  their  equal  vote  in 
the  Senate,  would  such  amendment  be  binding. 

A.  No.  This  case  is  provided  against  in  the  Consti- 
stitution,  and  one  other  (in  relation  to  slaves)  which  could 


68 

only  happen  previous  to  the  year  1808 ;  but  as  that  year 
is  now  past,  no  farther  notice  need  be  taken  of  it. 

Q.  What  is  the  supreme  law  of  the  United  States  ? 

A*  The  Constitution  itself  is  supreme  ;  and  all  laws 
and  treaties  made  by  Congress  and  the  President,  in 
conformity  with  it,  are  superior  to  any  law  made  by  one 
of  the  States,  so  that  if  the  law  of  a  State  contradicts  a 
law  of  Congress,  the  State  law  is  of  no  force,  and  the 
United  States  law  alone  must  be  obeyed. 

Q.  What  security  have  we  that  the  Constitution  will 
be  observed  ? 

A.  The  President,  the  Members  of  Congress,  the 
Members  of  all  the  State  Legislatures,  and  all  public  of- 
ficers of  the  United  States,  and  of  each  one  of  the  States, 
takes  an  oath,  when  they  enter  upon  their  several  offices, 
to  obey  the  Constitution.  But  the  great  security  for  its 
observance  lies  in  the  wisdom  and  excellence  of  the 
Constitution  itself,  and  the  conviction  of  the  whole  peo- 
ple of  the  United  States,  that  it  is  for  their  true  interest 
to  observe  it  inviolate.  It  has  been  tried  for  fifty  years, 
and  has  done  more  to  render  this  nation  peaceable,  pow- 
erful and  happy  than  any  form  of  government  that  ever 
existed  among  men. 

Q.  You  said  that  the  Constitution,  however  wise  or 
good,  might  nevertheless  be  amended  if  the  people  of 
the  United  States  chose  ? 

A.  Yes  ;  the  Constitution  says  so  expressly. 

Q.  Has  it  ever  been  amended  ? 

A.  Yes,  several  times. 

<j>.  What  was  the  subject  of  the  first  amendment  ? 


69 

A.  The  subject  of  religious  freedom. 

Q.  What  do  you  mean  by  that  ? 

A,  I  mean  the  right  every  man  has  to  worship  God 
in  such  way  as  he  thinks  (it,  without  being  called  to  ac- 
count for  his  opinions,  or  punished  for  them. 

Q.  Is  this  a  sacred  right,  which  ought  to  be  guarded 
with  the  greatest  care  ? 

A.  Certainly.  God  alone  is  the  Judge  of  our  relig- 
ious belief  and  service,  and  no  man  has  a  right  to  inter- 
fere with  it,  so  long  as  it  does  not  lead  us  to  injure  or 
disturb  our  neighbor.  A  great  part  of  the  misery  and 
oppression  which  has  existed  in  the  world,  began  with 
forcing  men  to  do  what  their  conscience  disapproved. 

Q.  What  amendment  was  made  in  the  Constitution 
on  this  subject  ? 

A.  Congress  was  forbidden  to  make  any  law  respect* 
ing  an  establishment  of  religion  ;  that  is,  giving  the  pre- 
ference to  any  one  form  of  religion  above  another,  and 
making  laws  to  support  it ;  or  making  laws  to  prevent 
men  from  freely  holding  or  observing  any  particular 
form  of  religious  belief  and  practice. 

Q.  Was  any  other  subject  introduced  into  the  same 
amendment  ? 

A.  Yes ;  the  freedom  of  speech  and  the  freedom  of 
the  press. 

Q.  What  do  you  understand  by  these  expressions  ? 

A.  In  a  free  country  like  ours,  every  citizen  has  a 
right  to  express  his  opinion  of  the  character  and  conduct 
of  our  rulers,  and  of  the  laws  they  make  for  our  govern- 
ment ;  to  forbid  this,  or  punish  it,  would  be  highly  dan- 


70 

gerous  to  our  liberty.  If  those  chosen  by  their  fellow 
citizens  to  rule  the  State,  rule  in  a  foolish  or  wicked  man- 
ner, it  ought  to  be  known,  that  they  may  be  speedily 
turned  out  of  office  ;  but  if  nobody  might  find  fault  with 
them  without  danger  of  punishment,  their  bad  conduct 
would  never  be  exposed,  and  they  might  continue  in 
power  to  the  great  injury  of  us  all.  The  right  to  speak 
our  opinions  is  the  freedom  of  speech  ;  and  the  right  to 
print  them,  that  they  may  be  read  by  others,  is  the  free- 
dom of  the  press. 

Q.  But  suppose  I  say  of  my  rulers  what  is  false  and 
injurious,  may  I  not  be  punished  ? 

A.  Yes,  if  they  can  prove  in  a  court  of  justice  that 
what  you  have  said  is  false,  and  that  your  saying  or  pub- 
lishing it  has  injured  them.  So  may  any  of  your  fellow 
citizens.  But  you  are  still  at  liberty  to  speak  and  to 
print,  being  liable  to  the  consequences  if  you  abuse  your 
liberty. 

Q.  If  the  people  shall  be  of  opinion  that  any  of  the 
acts  of  their  rulers  have  been  wrong,  may  they  meet  to- 
gether to  petition,  that  is  publicly  to  ask,  that  these  acts 
may  be  altered  ? 

A,  Yes,  if  they  meet  peaceably  ;  but  if  they  behave 
in  a  riotous  or  disorderly  manner,  they  may,  and  ought 
to  be  punished. 

Q.  May  they  meet  with  arms  in  their  hands  ? 

A.  Yes ;  the  right  to  keep  and  to  carry  arms  is  one 
which  belongs  to  the  citizens  at  all  times ;  but  arms 
must  not  be  used  except  to  support  the  laws  or  to  resist 
an  enemy. 


71 

Q.  As  the  public  safety  requires  that  the  Government 
should  employ  hired  soldiers,  as  well  as  the  militia,  may 
these  soldiers  be  sent  to  live  in  the  house  of  any  citizen 
and  at  his  expense,  without  his  consent  ? 

A.  Never,  when  the  nation  is  at  peace.  When  it  is 
at  war,  it  may  often  be  necessary  to  do  this ;  but  the 
Constitution  declares  that  even  then,  it  must  only  be 
done  according  to  law ;  not  according  to  the  mere  good 
pleasure  of  an  officer  of  the  army,  but  in  a  manner  which 
the  Representatives  of  the  people  shall  lay  down. 

Q.  Has  the  Government  power  to  enter  the  house  of 
a  citizen  and  search  it,  and  to  take  him,  and  his  papers, 
and  his  property,  at  any  time  it  thinks  fit  ? 

A.  No.  It  is  sometimes  necessary  and  proper  to 
seize  a  man's  person  and  property,  and  to  search  his 
papers  ;  but  this  may  never  be  done,  until  some  of  his 
fellow  citizens  charge  him  with  some  offence  which 
would  require  this  to  be  done,  make  it  appear  pro- 
bable that  he  is  guilty,  and  swear  to  what  they  declare 
against  him.  Then  a  Judge  gives  to  an  officer  a  war- 
rant to  search  or  to  seize  ;  but  the  warrant  must  say  par- 
ticularly what  places  are  to  be  searched,  and  what  per- 
sons or  property  is  to  be  seized.  Otherwise  no  man 
would  be  secure. 

Q.  Suppose  I  am  accused  by  my  neighbor  of  some 
crime  which  is  punished  with  death,  (these  are  called 
capital  crimes)  or  which  would  render  me  infamous  in 
society ;  must  I  be  seized  and  tried  because  he  has 
accused  me  ? 


72 

A.  No.  You  must  be  either  confineu  ^A  m  autu^ 
other  manner  prevented  from  going  away,  until  his  accu- 
sation is  laid  before  a  number  of  your  fellow  citizens, 
called  a  Grand  Jury,  who  swear  to  act  fairly  in  the  case. 
They  hear  your  accuser  and  all  the  proof  he  has  to  bring 
against  you,  and  if  they  think  that  he  is  wrong  in  sup- 
posing you  guilty,  and  that  his  proof  is  not  sufficient, 
they  refuse  to  have  you  tried,  and  you  are  set  at  liberty. 
But  if  they  think  his  proof  is  such  that  you  ought  to  be 
tried,  they  deliver  to  the  Court  what  is  called  a  Bill  of 
Indictment ;  that  is,  a  paper  setting  forth  the  crime  you 
are  said  to  have  done,  and  according  to  this  you  are 
tried.  So  that  no  man  can  be  put  on  his  trial,  till  many 
impartial  men  think  and  swear  that  there  is  reason  to 
believe  he  is  guilty. 

Q.  Does  what  you  have  now  said,  apply  to  soldiers 
and  sailors  in  the  army  and  the  fleet  ? 

A.  No ;  they  are  tried  according  to  certain  rules  and 
regulations,  called  articles  of  war,  to  which  they  swear 
to  submit  when  they  become  soldiers  or  sailors. 

Q.  Does  it  apply  to  citizens  who  are  in  the  militia  ? 

A.  No,  not  when  engaged  in  actual  service,  in  time 
of  war  or  public  danger ;  they  are  then  subject  to  the 
articles  of  war.     It  applies  to  them  at  all  oiber  times. 

Q.  What  other  rights  are  secured  to  an  accused  per- 
son ? 

A,  Whoever  is  accused  of  a  criminal  offence,  (that 
means  an  offence  for  which  he  is  to  be  tried  by  the 
State)  shall  have  a  speedy  and  public  trial.  He  may  not 
be  kept  confined  longer  than  is  necessary,  nor  may  he 


73 

be  tried  in  a  secret  place,  but  openly  before  all  who 
choose  to  attend.  And  he  shall  have  a  Jury  of  impar- 
tial men  to  try  him.  (The  trial  by  Jury  has  been  al- 
ready explained.)  The  men  who  compose  his  jury 
must  be  of  the  same  State,  and  of  the  same  district* 
where  the  offence  is  said  to  have  been  committed.  He 
must  be  fully  informed  of  the  nature  of  the  charge 
brought  against  him,  and  how  it  came  to  be  made. 

Q.  Suppose  he  knows  of  persons  who  could  prove 
him  not  guilty  of  the  charge,  but  they  live  far  off,  or  are 
unwilling  to  attend  his  trial,  can  he  force  them  to  come  ? 

A.  Yes.  The  Court  will  grant  him  a  certain  paper? 
called  a  Writ  of  Subposna,  and  send  it  by  an  officer,  to 
every  person  he  wants  as  a  witness  in  his  favor ;  and 
such  persons  are  obliged  to  come,  or  be  heavily  pun* 
ished- 

Q.  Has  he  any  other  privilege  ? 

A.  Yes,  he  has  a  right  to  have  the  advice  of  a  lawyer 
to  aid  him  in  his  defence,  and  to  plead  his  cause  ? 

<j>.  Can  he  be  forced  to  bear  witness  against  himself  ? 

A.  No. 

Q.  If  he  is  once  tried  and  not  found  guilty,  may  he 
he  again  tried  for  the  same  offence  ? 

A.  If  it  is  an  offence,  which  if  proved  against  hiro„ 
would  put  him  in  danger  of  losing  his  life,  or  suffering 
any  bodily  injury,  he  may  not. 

Q.  Are  my  life,  liberty,  and  property  guarded  by  the 
Constitution,  so  that  no  man  is  allowed  to  touch  either 
of  them,  except  according  to  the  laws  of  the  land  ? 

*d.  They  are. 

7 


74 

Q.  But  if  my  property  is  wanted  for  a  useful  public 
object,  may  it  not  be  taken  from  me  ? 

A.  Yes,  but  you  must  be  paid  the  full  value  of  it  in 
money. 

Q,  Suppose  I  am  sued  by  my  neighbor,  about  some 
property,  am  I  to  have  a  Jury  to  try  tiie  cause  ? 

A.  Yes,  if  the  amount  in  dispute  is  more  than  twenty 
dollars. 

Q.  You  said  that  when  a  person  is  charged  with  a 
criminal  offence,  he  must  be  confined,  or  otherwise  pre- 
vented from  going  away,  till  a  Grand  Jury  has  heard 
the  accusation  and  proof  against  him.  How  else  can 
he  be  restrained  from  going  off,  but  by  confining  him  ? 

A.  By  obliging  him  to  bring  forward  persons  who 
will  become  his  Bail ;  that  means,  who  will  agree  to 
forfeit  a  certain  sum  of  money  if  he  goes  away  and  does 
not  return  to  be  tried. 

Q.  Who  has  power  to  say  how  much  money  they 
.shall  agree  to  forfeit  ? 

A.  The  Judge,  before  whom  the  man  is  accused. 

Q.  May  he  fix  any  sum  he  pleases  ? 
A.  No.     The  sum  is  to  be  according  to  the  nature 
of  the  crime,  and  the  danger  of  the  accused  man's  run- 
ning away,  but  it  may  not  be  made  so  great  as  to  be 
cruel  or  unjust. 

Q.  Are  offences  ever  punished  by  a  fine  ;  that  is,  by 
obliging  the  offender  to  pay  a  sum  of  money  ? 

A.  Y"esj  But  here  the  same  rule  applies.  The 
sum  must  not  be  made  out  of  proportion  to  the  offence, 
and  the  circumstances  of  the  offender. 


75 

Q.  May  a  Judge  contrive  new  punishments  out  of 
his  own  head,  or  order  such  as  are  not  in  common  use 
for  such  offence  as  has  been  committed  ? 

A.  No. 

Q.  Because  the  Constitution  only  speaks  of  certain 
rights  belonging  to  citizens  of  the  United  States,  does  it 
follow  that  the  citizens  have  no  rights  but  these  ? 

A,  By  no  means. 

Q.  Has  the  United  States  Government  any  power 
but  such  as  is  contained  in  the  Constitution  ? 

A.  No. 

Q.  Have  the  different  States  of  the  Union  all  the 
powers  which  rightfully  belong  to  a  State,  except  those 
which  are  denied  to  them  by  the  Constitution  ? 

A.  Yes.  When  the  States  united  to  form  a  consti- 
tution for  their  General  Government,  they  agreed  to 
give  up  to  that  government  some  of  the  powers  they 
had  before,  and  they  set  down  in  the  Constitution  what 
these  powers  were.  All  other  powers  they  keep.  The 
same  thing  is  true  respecting  the  people.  All  the  pow- 
ers they  have  not  given  up  to  the  State  Governments 
or  to  the  General  Government,  they  keep  in  their  own 
hands. 

CONCLUSION. 

And  now,  my  young  friends,  having  gone  through  a 
short,  and  I  hope,  clear  and  intelligible  view  of  this  Con- 
stitution, I  have  a  few  parting  words  to  say  to  each  one 
of  you. 


76 

In  the  first  place,  consider  how  happy  and  how  highly 
favored  is  our  country,  in  having  a  system  of  govern- 
ment so  wisely  calculated  to  secure  the  life,  liberty,  and 
happiness  of  all  its  citizens.  Had  you  lived  or  travelled 
in  other  parts  of  the  world,  you  would  be  much  more 
sensible  of  this,  than  you  can  possibly  be  without  such 
an  opportunity  of  comparing  our  lot  with  that  of  others. 
But,  as  your  reading  increases,  particularly  in  history 
and  in  travels,  you  will  be  able  to  form  a  more  just 
estimate  of  what  you  enjoy.  When  you  read  of  the 
oppression  which  has  been,  and  still  is  exercised,  I  do 
not  say  in  Africa  and  Asia,  whose  inhabitants  are  but 
partially  civilized — but  even  in  the  most  enlightened 
countries  of  Europe  ;  under  absolute  monarchs,  a  proud 
and  haughty  nobility — a  worldly,  selfish,  and  ambitious 
priesthood — a  vast  and  rapacious  standing  army,  and  a 
host  of  greedy  officers  of  government ;  and  then  turn 
your  eyes  on  your  own  happy  home,  a  land  where  none 
of  these  evils  has  any  place — where  the  people  first 
make  the  laws  and  then  obey  them — where  they  can 
be  oppressed  by  none,  but  where  every  man's  person, 
property,  and  privileges  are  surrounded  by  the  law, 
and  sacred  from  every  thing  but  justice  and  the  public 
good  ;  how  can  you  be  sufficiently  grateful  to  a  benefi- 
cent Providence,  which  has  thus  endowed  our  country 
with  blessings  equally  rich  and  rare  ? 

In  the  next  place,  remember  that  this  precious  Con- 
stitution, thus  wise,  thus  just,  is  your  birth-right.  It  has 
been  earned  for  you  by  your  fathers,  who  counselled 
much,  labored  long,  and  shed  their  dearest  blood,  K* 


77 

win  it  for  their  children.  To  them,  it  was  the  fruit  of 
toil  and  danger — to  you,  it  is  a  gift.  Do  not  slight  it 
on  that  account,  but  prize  it  as  you  ought.  It  is  yours,, 
no  human  power  can  deprive  you  of  it,  but  your  own 
folly  and  wickedness.  To  undervalue,  is  one  of  the 
surest  ways  to  lose  it.  Take  pains  to  know  what  the 
Constitution  is — the  more  you  study,  the  higher  you 
will  esteem  it.  The  better  you  understand  your  own 
rights,  the  more  likely  you  will  be  to  preserve  and  guard 
them. 

And,  in  the  last  place,  my  beloved  young  country- 
men, your  country's  hope,  her  treasure,  and  one  day  to 
be  her  pride  and  her  defence  ;  remember  that  a  con- 
stitution which  gives  to  the  people  so  much  freedom, 
and  entrusts  them  with  so  much  power,  rests  for  its  per- 
manency, on  their  knowledge  and  virtue.  An  ignorant 
people  are  easily  betrayed,  and  a  wicked  people  can 
never  be  ruled  by  the  mild  influence  of  their  own  laws. 
If  you  would  be  free — if  you  would  see  your  country 
grow  in  all  that  constitutes  true  greatness — cultivate 
knowledge — flee  from  vice.  The  virtuous  citizen  is  the 
true  noble.  He  who  enlightens  his  understanding — 
controls  his  passions — feels  for  his  country's  honor — re- 
joices in  her  prosperity — steps  forth  to  aid  her  in  the 
hour  of  danger — devotes  to  her  advancement  the  fruits 
of  his  mind,  and  consecrates  to  her  cause,  his  time,  his 
property,  and  his  noblest  powers,  such  a  man  is  one  of 
God's  nobility  ;  he  needs  neither  riband,  nor  star ;  his 
country  knows  and  remembers  his  name  ;  nor  could 
any  title  add  to  its  honor,  or  to  his  reward.     We  have 


78 

seen  such  men  among  us ;  we  hope  to  see  many  more- 
And  though  the  glory  of  giving  to  their  country  suqIi 
a  Constitution  as  this,  is  what  none  but  they  have  been 
so  blessed  as  to  enjoy,  yet  you  succeed  to  a  task,  but 
one  degree  removed  from  it,  that  of  preserving  what 
they  have  committed  to  your  virtue,  unsullied  and  un- 
impaired. 


— -—  '     -    "      ■  <  ■  '.2 

r  T-m/-i-r»TVTT  \      T  T"R"R  A  T?V 

14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

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— 


r. 


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L*D21A-20m-3,'73 
(Q8677sl0)476-A-31 


General  Library 

University  of  California 

Berkeley 


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YA  00987 


*f99S  JK 

22/ 
SB 


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